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DRAFT
CIVIL CODE
1977

THE QUEBEC CIVIL CODE
Volume I
DRAFT CIVIL CODE
1977

The English translation of this report
was prepared by the
Service de traduction
Ministere des Communications
Gouvernement du Quebec
TRANSLATION
Elisabeth Cowan
Donald Hughes
Colin Roberts
Rita Daguillard
Margret Ponze Grenier
Lorraine Gaboury Ladouceur
REVISION AND COORDINATION
R. Clive Meredith
Mary Plaice
Design: Gill Plasse
A production of the
Service des publications officielles
by: Michel Marquis
Legal deposit - Second quarter 1978
Bibliotheque nationale du Quebec
ISBN 0-7754-2991-0
Editeur officiel du Quebec
Everett Melby
Eric Oxford
Kelly Ricard
Earl Straus
Elisabeth Thompson
Hal Winter

eport on
THE QUEBEC CIVIL CODE
CIVIL CODE REVISION OFFICE
Volume I
DRAFT CIVIL CODE
Editeur officiel
Quebec

TABLE OF CONTENTS Pages
FOREWORD xxiii
BOOK ONE - PERSONS 1
TITLE ONE - JURIDICAL PERSONALITY 3
Chapter I - Enjoyment of civil rights 3
Chapter II- Exercise of civil rights 3
Chapter III - Respect of privacy 4
TITLE TWO - HUMAN PERSONS 7
Chapter I - General provisions 7
Chapter II- Provisions relating to children 9
Chapter III- Name and physical identity 10
Section I- Attribution of name 10
Section II- Change of name 12
Section III- Change of physical identity 13
Section IV - Effects of change of name or of
physical identity 14
Section V- Use and protection of name 14
Chapter IV - Domicile 15
Chapter V- Acts of civil status 16
Section I - General provisions 15
Section II- Acts of birth 19
Section III- Acts of marriage 20
Section IV- Acts of death 21
§- I Attestations and declarations of death 21
§-2 Declaratory judgments of death 22
Section V - Correction and rectification of acts of
civil status 23
Section VI - Judgments to reconstitute and replace
acts of civil status 24

VI
Chapter VI - Majority and minority 24
Section I - Majority 24
Section II - Minority 24
Chapter VII - Protected persons 26
Section I - General provisions 26
Section II - Parents legal tutorship to the property
of their minor children 31
Section III - Dative tutorship 32
Section IV - Testamentary tutorship 33
Section V- Protection of persons of major age 34
§ - 1 Tutorship and curatorship to persons of
major age
§ - 2 Tutorship to sick persons 36
§ - 3 Tutorship to absentees 37
Section VI - Measures of supervision applying to
tutorship 40
TITLE THREE - LEGAL PERSONS 43
Chapter I - General provisions 43
Chapter II - Corporations 48
Chapter III - Legal persons in public law 51
BOOK TWO - THE FAMILY 53
TITLE ONE - MARRIAGE 55
Chapter I - Promises of marriage 55
Chapter II - Conditions required for contracting
marriage 56
Chapter III - Opposition to marriage 57
Chapter IV - The solemnization of marriage 57
Chapter V - Proof of marriage 59
Chapter VI - Nullity of marriage 59
Chapter VII - Effects of marriage 62
Section I- Rights and duties of consorts 62
Section II - The family residence 64
Section III - General provisions 67
Chapter VIII - Matrimonial regimes 67
Section I - General provisions 67
34

Section II- Partnership of acquests 70
§ - 1 Composition of the partnership of acquests 70
§ - 2 Administration of property and liability for
debts 73
§ - 3 Dissolution and liquidation of the regime 74
Section III- Community of property 78
§ - 1 Community of moveables and acquests 78
I - Assets and liabilities of the community
of moveables and acquests 78
II - Administration of the community of
moveables and acquests, and effect of the
acts of consorts 85
III - Dissolution of the community 87
IV - Acceptance of the community 88
V - Partition of the community 90
VI - Renunciation of the community and
its effects 94
§ - 2 Principal clauses that may modify the
community of moveables and acquests 95
I - The community reduced to acquests 95
II - The right to take back free and clear
what was brought into the community 95
III - Clauses by which unequal shares in
the community are assigned to the consorts 95
IV - Community by general title 97
§ - 3 Reserved property 97
Section IV- Separation as to property 98
§ - 1 Conventional separation as to property 98
§ - 2 Judicial separation as to property 99
Chapter IX- Dissolution of marriage 100
Chapter X - Separation as to bed and board, and divorce
Section I - General provision
100
100
Section II - Agreements in cases of de facto
separation 100
Section III - Grounds for separation as to bed and
board and for divorce 101
Section IV - Conciliation 102
Section V - Provisional measures 103
Section VI - Accessory measures 104
VII

VIII
Section VII - Effects of separation as to bed and
board and of divorce 105
TITLE TWO - FILIATION 107
Chapter I- Filiation by blood 107
Section I - Establishment of filiation 107
Section II - Disavowal and contestation of
paternity 108
Section III- Proof of filiation 109
Section IV- Effects of filiation Ill
Chapter II- Adoption 111
Section I - Conditions for adoption Ill
Section II - Placement for adoption and judgments
115
Section III- Effects of adoption 116
Section IV - Confidentiality, offences, and penalties 117
TITLE THREE - THE OBLIGATION OF SUPPORT 119
TITLE FOUR - PARENTAL AUTHORITY 123
BOOK THREE - SUCCESSION 127
TITLE ONE - PROVISIONS COMMON TO EVERY
SUCCESSION 129
Chapter I- General provisions 129
Chapter II- Qualities required to inherit 129
Chapter III- Transmission of succession 131
TITLE TWO - INTESTATE SUCCESSION 133
Chapter I - Devolution of successions 133
Section I- Regular succession 133
Section II - Representation 134
Section III- Order of devolution of succession 135
Section IV- Irregular succession 138
Chapter II- The spouse's reserved share 138
Section I- Attribution of the reserve 138
Section II - Disposable portion and reduction of
gifts and legacies 139

Section III - Imputation of liberalities made to
spouses 142
Chapter III - Continuation of the obligation of support 142
Chapter IV - Acceptance and renunciation of succession 143
Section I - The right of option and the prior right
to take inventory and to deliberate 143
Section II- Pure and simple acceptance 146
Section III - Renunciation 147
Section IV- Acceptance with benefit of inventory 148
Section V- Vacant successions 154
Chapter V- Administration of successions 155
Chapter VI- Undivided ownership among heirs 156
Chapter VII - Liabilities of the succession and separation
of patrimonies 157
Chapter VIII - Partition and return 160
Section I - Partition 160
Section II - Returns 165
- 1 Return of gifts and legacies 165
-2 Return of debts 167
Section III- Effects of partition 168
§ - 1 The declaratory effect of partition 168
§-2 Warranty of copartitioners 170
Section IV- Nullity of partition 171
TITLE THREE - TESTAMENTARY SUCCESSION 173
Chapter I - Wills 173
Section I - General provisions 173
Section II- Forms of wills 175
§ - 1 Authentic wills 175
§-2 Holograph wills 177
§ - 3 Wills made in the presence of witnesses 177
Section III - Probate of wills 178
Section IV- Revocation of wills 179
Chapter II- Testamentary dispositions 180
Section I- Various kinds of legacies 180
Section II - Lapse, resolution and nullity of
legacies 181
Chapter III- The effect of testamentary dispositions 183
Section I- General provisions 183
Section II- Payment of debts and of legacies 184
IX

Chapter IV- Testamentary execution 1°'
Section I - Appointment of executors 187
Section II - Capacity and acceptance of executors 188
Section III- Obligations of executors 189
Section IV- Powers of the executor 190
Chapter V - Substitution 191
Section I - General provisions 191
Section II- Substitution before opening 194
Section III- Substitution after opening 197
BOOK FOUR - PROPERTY 201
TITLE ONE - NATURE AND KINDS OF PROPERTY 203
Chapter I - Moveables and immoveables 203
Chapter II - Things in their relation to those who hold
rights to them or who possess them 204
TITLE TWO - POSSESSION 207
Chapter I - The nature of possession 207
Chapter II- Effects of possession 208
TITLE THREE - THE RIGHT OF OWNERSHIP 209
Chapter I - Nature and scope of the right of ownership 209
Chapter II - Limitations on the right of ownership 210
Section I - Expropriation 210
Section II- Boundaries 211
Section III - Flowing water 211
Section IV- Fences 211
Section V- Common ownership 212
Section VI- The right of view 214
Section VII- The right of way 215
Section VIII - Access to another person's land 216
Chapter III- Acquisition of the right of ownership 216
Section I- Accession of immoveables 217
- 1 Artificial accession 217
- 2 Natural accession 219
Section II - Accession of moveables 220

TITLE FOUR - DISMEMBERMENTS AND
MODIFICATIONS OF THE RIGHT OF
OWNERSHIP 221
Chapter I - Usufruct 221
Section I - General provisions 221
Section II - Rights and obligations of the bare
owner 222
Section III- Rights of the usufructuary 222
Section IV- Obligations of the usufructuary 226
Section V- Extinction of usufruct 231
Chapter II- Use and habitation 233
Chapter III - Real servitudes 234
Section I - General provisions 234
Section II- Establishment of servitudes 235
Section III- Rights and obligations of the dominant
owner 235
Section IV - Rights and obligations of the servient
owner 237
Section V - Extinction of real servitudes 237
Chapter IV - Indivision 238
Section I - General provisions 238
Section II - Particular provisions relating to coownership
of ships 242
Section III - Condominium 242
§ - 1 General provisions 242
§-2 Declaration of condominium 244
§ - 3 Administrators 246
§-4 Meetings of co-owners 248
§-5 Sharing of costs 250
§ - 6 Miscellaneous 251
Chapter V - Emphyteusis 252
Section I - General provisions 252
Section II - Respective rights and obligations of
owner and holder 253
Section III- Termination of emphyteusis 254
Chapter VI- The right of superficies 254
Section I - General provisions 254
Section II - Construction lease 255
TITLE FIVE - SECURITY ON PROPERTY 257
Chapter I - Preliminary provisions 257
XI

XII
Section I - Common pledge of creditors 257
Section II- Presumption of hypothec 258
Section III- Right of retention 259
Section IV - The vendor's right of revendication 259
Chapter II - General provisions 260
Chapter III - Conventional hypothecs 263
Section I - Hypothecs on immoveable property 263
Section II - Hypothecs on moveable property 264
Section III - General hypothecs 266
Section IV - Floating hypothecs 266
Section V - Hypothecs securing payment of
renewable obligations 268
Section VI - Hypothec on debts 268
Section VII- Memorandum of hypothec 270
Chapter IV - Judicial and testamentary hypothecs 274
Section I - Judicial hypothecs 274
Section II - Testamentary hypothecs 275
Chapter V - Publication of hypothecs 276
Section I - General provisions 276
Section II - Publication of hypothecs by
registration 277
Section III - Publication of hypothecs on moveable
property by putting the creditor in
possession 278
Section IV - Publication of hypothecs on debts and
other incorporeal moveable property 280
Section V- Publication of hypothecs on corporeal
things represented by bills of lading 281
Section VI - Publication of hypothecs on shares of
capital stock 283
Chapter VI- Effect of hypothecs 283
Section I - General provisions 283
Section II - Hypothecary creditor in possession of
hypothecated property 284
Chapter VII - Hypothecary recourses 285
Section I - Provisions common to all hypothecary
recourses 285
Section II - Taking possession 288
Section III - Sale other than judicial sale 290
Section IV - Taking in payment 291
Section V- Judicial sale 293

XIII
I Hypothecary action 293
§ 2 Discharge of debtor 293
Section VI - Imperative provisions 295
Chapter VIII- Rank of hypothecs 295
Chapter IX- Extinction of hypothecs 297
TITLE SIX - ADMINISTRATION OF THE PROPERTY OF
OTHERS 301
Chapter I- Modes of administration 301
Section I- Preliminary provisions 301
Section II- Custody of the property of others 302
Section III- Simple administration of the property
of others 302
Section IV - Full administration of the property of
others 304
Chapter II - Rights and obligations of the administrator 304
Chapter III- Investment of the property of others 312
Chapter IV- Responsibility of the administrator 315
Chapter V- Termination of administration 318
Chapter VI- Rendering of accounts 320
TITLE SEVEN - TRUSTS 323
Chapter I - General provisions 323
Chapter II - Trustees 324
Chapter III - Beneficiaries 324
Chapter IV- Administration of trusts 326
Chapter V- Duration of trusts 328
BOOK FIVE - OBLIGATIONS 331
Introductory provisions 333
TITLE ONE - SOURCES OF OBLIGATIONS 333
Chapter I - Obligations arising from contracts and from
unilateral juridical acts 333
General provisions 333
Section I- Formation of contracts 334
General provision 334
- 1 Capacity to contract 334

XIV
- 2 Meeting of minds 334
I - Offer and acceptance 334
II - Qualities of consent 336
-3 Object of the contract 338
-4 Form of the contract 338
Section II- Nullity of contracts 339
General provisions 339
§ - 1 Effects of nullity 339
§ - 2 Confirmation 341
Section III- Interpretation of contracts 341
Section IV - The effect of contracts between parties
and in relation to third parties 342
General provisions 342
§ - 1 Transfer of ownership 343
§ - 2 Fruits and risks attached to things . 343
§ - 3 Simulation 343
§ - 4 Third party obligation 344
§-5 Stipulation in favour of another 344
Chapter II - Obligations arising from the law 345
Section I - Obligations arising from behaviour
towards others 345
Section II- Management of the affairs of another 347
Section III- Recovery of things not due 349
Section IV - Unjustified enrichment 350
TITLE TWO - MODALITIES OF OBLIGATIONS 353
Chapter I- Obligations with a term 353
Chapter II - Conditional obligations 354
Chapter III - Solidary obligations 356
Section I - Solidarity among debtors 356
Section II - Solidarity among creditors 358
Chapter IV - Divisible obligations and indivisible
obligations 359
Chapter V- Alternative obligations 359
Chapter VI- Facultative obligations 360
TITLE THREE - PROTECTION OF THE RIGHTS OF
CREDITORS 361
General provisions 361
Chapter I - Indirect action 361

Chapter II- Paulian action 361
TITLE FOUR - VOLUNTARY EXECUTION OF
OBLIGATIONS 363
Chapter I- Payment in general 363
Chapter II - Payment with subrogation 365
Chapter III- Delegation of payment 366
Chapter IV- Tender and deposit 366
Chapter V- Imputation of payment 369
TITLE FIVE - INEXECUTION OF OBLIGATIONS 371
General provisions 371
Chapter I- Putting in default 371
Chapter II - Execution in kind 373
Chapter III- Reduction of obligations 374
Chapter IV- Resolution of contract 374
Chapter V- Resiliation of contract 375
Chapter VI - Damages 376
General provisions 376
Section I - Damage 377
§- 1 Nature of damage 377
§-2 Assessment of damage 377
I - Legal assessment 377
II - Conventional assessment 378
XV
1 Clauses and notices excluding or
limiting responsibility 378
2 Penal clauses 379
Section II- Apportionment of responsibility 380
TITLE SIX - EXTINCTION OF OBLIGATIONS 381
Chapter I - Compensation 381
Chapter II - Novation 383
Chapter III - Confusion 384
Chapter IV- Release of debt 384
Chapter V- Impossibility of execution of obligations 385
Chapter VI - Extinctive terms 386

XVI
TITLE SEVEN - NOMINATE CONTRACTS 387
Chapter I - Sale 387
Section I - Sale in general 387
§ - 1 General provisions 387
§ - 2 Obligations of the vendor 388
I - General provisions 388
II - Guarantee of the right of ownership 389
III - Delivery 389
IV - Defects in the thing 390
§ -3 Obligations of the purchaser 391
§ - 4 Special provisions concerning sale of
moveable property 391
§ - 5 Special provisions concerning sale of
immoveable property 392
Section II - Special rules governing certain sales 393
- 1 Auction sales 393
I - General provisions 393
II - Special provisions governing forced
auction sales 395
- 2 Bulk sale 395
- 3 Sale of debts 398
-4 Sale of rights of succession 399
§-5 Sale of litigious rights 400
Chapter II - Gifts 401
Section I- Gifts inter vivos 401
- 1 General provisions 401
-2 Obligations of the parties 402
- 3 Conditions and charges 404
§ - 4 Gifts with a charge in favour of a third
party 404
§ - 5 Moveable property 405
§ - 6 Immoveable property 405
Section II - Gifts made by marriage contracts 406
Chapter III - Lease of things 407
Section I - Rules applicable to all leases 407
§ - 1 General provisions 407
§ - 2 Obligations of the lessor 407
-3 Obligations of the lessee 409
-4 Termination of the contract 411
Section II - Special provisions respecting leases of
immoveables 412

XVII
§- 1 General provisions 412
§ - 2 Special provisions respecting leases of
dwellings 415
I - General provisions 415
II - Obligations of the parties 415
III - Resiliation of the lease 418
IV - Prohibitions 419
V - Offences 420
Chapter IV - Affreightment 422
Section I - General provisions 422
Section II- The contract of affreightment 422
§ - 1 Provisions applicable to all contracts of
affreightment 422
§-2 Kinds of affreightment 423
I - Charter by demise 423
II - Time-charter 424
III - Voyage-charter 425
Chapter V - Transport 427
Section I - Provisions applicable to all means of
transport 427
§ - 1 General provisions 427
§-2 Provisions respecting transport of persons 427
§-3 Provisions respecting transport of goods 428
Section II - Special provisions respecting transport
by water 432
§- 1 Transport of persons 432
§ - 2 Carriage of goods 432
Chapter VI- Contract of employment 440
Chapter VII - Contract of enterprise 443
Section I - General provisions 443
Section II - Special provisions 444
Section III- Termination of the contract 446
Chapter VIII- Contract for services 447
Section I - General provisions 447
Section II- Termination of the contract 447
Chapter IX - Mandate 448
Section I - General provisions 448
Section II- Obligations of the mandatary 449
§ - 1 Obligations of the mandatary towards the
mandator 449
- 2 Obligations of the mandatary towards third
parties 450

XVIII
Section III - Obligations of mandators 451
§ - 1 Obligations of the mandator towards the
mandatary 451
§ - 2 Obligations of the mandator towards third
parties 452
Section IV- Termination of mandate 453
Chapter X - Partnerships 454
Section I- Partnerships in general 454
§ - 1 General provisions 454
§ - 2 Obligations and rights of the partners
towards each other and towards the
partnership 455
§ - 3 Relations of the partnership and the
partners with third parties 456
§ - 4 Termination of partnerships 457
Section II - Limited partnerships 460
Section III - Associations 462
Chapter XI- Deposit 463
Section I - General provisions 463
Section II- Obligations of the depositary 464
Section III- Obligations of the depositor 465
Chapter XII - Sequestration 466
Chapter XIII- Loan 467
Section I - General provisions 467
Section II - Loan for use 467
Section III - Loan for consumption 468
Section IV- Loan of money 469
Chapter XIV - Suretyship 469
Section I - General provisions 469
Section II- Effects of suretyship 471
§ - 1 Effects between creditor and surety 471
§ - 2 Effects between debtor and surety 471
§ - 3 Effects between sureties 472
Section III- Extinction of suretyship 472
Chapter XV - Insurance 473
Section I - General provisions 473
§ - 1 The nature and classes of insurance 473
§ 2 Formation and content of contracts 474
§ -3 Representations and warranties of the
insured in non-marine insurance 476
4 Imperative provisions 477

XIX
Section II- Insurance of persons 477
§ - 1 General provisions 477
I - Contents of policy 477
II Insurable interest 479
III Statement of age and risk 480
IV - Effective date and issue 481
V - Premiums, advances and
reinstatements 481
VI - Payment of insurance 483
VII - Provisions applicable to accident and
sickness insurance 483
VIII - Nullity of certain contracts 485
§ - 2 Beneficiaries and contingent owners 485
I - Conditions of the designation 485
II - Effects of designation 487
§-3 Transfer of insurance 488
§ - 4 Attempts on the life of the insured 489
Section III - Damage insurance 489
§ - 1 General provisions 489
I - Indemnity in insurance 489
II - Increase in risk 490
III - Resiliation of the contract 490
IV - Payment of the premium 491
V - Notification of loss 491
VI - Payment of indemnities 492
VII - Transfer of insurance 492
§-2 Property insurance 492
I - Contents of the policy 492
II - Insurable interest 493
III - Amount of the insurance 493
IV - Indemnity 494
§ - 3 Provisions relating to fire insurance 495
§ - 4 Liability insurance 496
Section IV- Marine insurance 497
§ - 1 General provisions 497
§ - 2 Insurable interest 499
I - Necessity of interest 499
II - Cases of insurable interest 499
III - Extent of insurable interest 500
§ - 3 Transfer of insurance 500
§-4 Measure of insurable value 501
- 5 Proof and ratification of the contract 502

XX
-6 Contract and policy 502
I - Usage 502
II - Subscription 502
III - Kinds of contracts 502
§ - 7 Rights and obligations of the insured 504
I - Payment of the premium 504
II - Disclosures and representations 505
III - Warranties 506
IV - Notice and proof of loss 509
§-8 Rights and obligations of the insurer 510
- 9 Voyage 511
I - General provisions 511
II - Change of voyage 512
III - Deviation 512
IV - Delay 513
V - Excuses for delay or deviation 513
- 10 Losses and abandonment 514
§ - 11 Partial losses and various charges 518
§-12 Measure of indemnity 519
- 13 Subrogation 524
- 14 Double insurance 525
§-15 Underinsurance 526
§ - 16 Mutual insurance 526
Chapter XVI - Annuities 526
Section I - General provisions 526
Section II - Special provisions governing life
annuities 528
Section III - Special provisions governing term
annuities 529
Chapter XVII - Gaming and wagering contracts 530
Chapter XVIII - Settlements 530
Chapter XIX- Arbitration 531
Section I - General provisions 531
Section II - Arbitration procedure 532
§-1 Appointment of arbitrators 532
§ - 2 Arbitration award 533
Section III - Motion for homologation or for
annulment 535

XXI
BOOK SIX - EVIDENCE 537
Chapter I - General provisions 539
Chapter II- How proof is made 540
Section I- Proof by writings 540
§- 1 Copies of statutes 540
- 2 Authentic writings 540
- 3 Semi-authentic writings 542
- 4 Private writings 543
§ - 5 Unsigned writings, private registers and
papers 544
Section II - Testimony 544
Section III - Presumptions 546
Section IV - Admissions 547
Chapter III - Admissibility of means of proof 549
BOOK SEVEN - PRESCRIPTION 551
TITLE ONE - PRESCRIPTION IN GENERAL 553
Chapter I - General provisions 553
Chapter II- Renunciation of prescription 554
Chapter III- Suspension of prescription 554
Chapter IV- Interruption of prescription 555
TITLE TWO - ACQUISITIVE PRESCRIPTION 559
Chapter I - General provisions 559
Chapter II - Conditions required for acquisitive
prescription 559
Chapter III- Periods for acquisitive prescription 561
TITLE THREE - EXTINCTIVE PRESCRIPTION 563
BOOK EIGHT - PUBLICATION
OF RIGHTS 565
Chapter I- Preliminary provisions 567
Chapter II- Scope of publication 567

XXII
Chapter III - Prenotation 569
Chapter IV- Modalities of publication 571
Section I - Preliminary conditions for publication 571
Section II- Mechanism of publication 572
§ - 1 General provisions 572
§ - 2 Registration by deposit of documents in
extenso or of extracts 573
§ - 3 Registration by deposit of a memorial 573
§ - 4 Registration procedure 574
§-5 Renewal of registration 579
Section III- Plans and books of reference 580
Chapter V- Effects of publication 583
Section I- Beneficiaries of publication 583
Section II- Opposability and rank of rights 584
Section III- Protection of third parties 585
Chapter VI - Cancellation 585
Section I- Formalities and effects of cancellation 585
Section II - Judicial sales and other forced sales 588
BOOK NINE - PRIVATE INTERNATIONAL
LAW 591
Preliminary chapter - Application of laws 593
Chapter I- General principles 593
Chapter II - Conflicts of laws 594
Chapter III- Conflicts of jurisdictions 603
Chapter IV - Recognition and enforcement of foreign
decisions 605
Chapter V - Recognition and enforcement of foreign
arbitration awards 612
Chapter VI - Immunity from civil jurisdiction and
execution 613
TABLES OF CONCORDANCE 621

FOREWORD
XXIII
To the many who have followed the work of the Civil
Code Revision Office, the Draft Civil Code will come as
something neither entirely new nor completely familiar.
Its broad outlines have become apparent with the
publication, commencing in 1966, of the reports of the various
Committees entrusted with the revision of each of the subjectmatters
covered by the Code.
However, the unavoidable division of the task inevitably
resulted in all too great a distortion of a work requiring
cohesion and unity. But now the pieces have been brought
together, the unorganized has been put in order and the
scattered has been assembled.
I - The aims
When the legislature decided in 1955 to proceed with
the revision of the Civil Code, it confined itself to a brief
statement of the general terms of reference within which the
jurist appointed was to work. In so doing, it did not lay down
the lines along which the revision was to be carried out and the
direction the work was to take and, consequently, it did not
indicate its scope. Was it a question of simply making quick
and partial improvements where changes were most urgently
needed? The contrary view was taken, in the belief that all the
basic institutions of our civil law should undergo a collective
and systematic rethinking.
What the revision should consist of, and what we strove
for, cannot be more aptly expressed than it was by Professor
Andre Tunc when he wrote (1): "II ne s'agit pas de tout
bouleverser, mais de tout revoir; de se demander loyalement
devant ces phenomenes nouveaux et aussi devant les transformations
techniques etpsychologiques de la societe, ce qui, dans
FAncien, garde sa force et, parfois, sa vertu, et ce qui gene

XXVIII
described by Professor Rene David during the celebration of
the centenary of the Civil Code, consists essentially of a
"style": it is a particular mode of conception, expression and
application of the law, and transcends legislative policies that
change with the times in the various periods of the history of a
people.
Did Quebec's Civil law become any the less civilian in
1866 when it accepted the principle of the consensual transfer
of property, or in 1915 when it radically altered the spouse's
rights of succession, or in 1969 when it adopted the partnership
of acquests as the matrimonial regime of the general law?
Will it become any less civilian by the acceptance of the
substitution of parental authority for paternal authority, the
introduction of legal tutorship by parents over the property of
their children of minor age, the reintroduction of a successoral
reserve for the benefit of the surviving consort, or of a regime
of lesion among persons of major age based on both a
discrepancy in the prestations and the exploitation of one
party by the other, the creation of a general regime of
hypothecs on moveable property, or of a regime which,
contrary to the rule of accession, would enable someone to be
completely at home on someone else's property? Loyalty to
the civilian tradition demands a constant renewal of our
institutions, and the adaptation of legal techniques to society's
changing needs.
The determination to keep the civilian system vigorous
made it necessary to recreate the organic unity of the Civil
Law by the reintegration into the Code of a variety of specific
laws which, so long as they remained outside it, were evidence
of its slow withering away. The same motivating force also led
to the retention of everything in the existing law that was not
in need of change; there are more than a few provisions which
reproduce existing law either word for word or in a somewhat
modernized form in the interests of exactitude or clarity.

XXIX
In looking through the Draft Civil Code, one will
recognize a good many familiar landmarks, some of them
refurbished, just as one will also discover certain marked
changes in the landscape. Since there will be found in the
introductions to the various Books of the Draft detailed
descriptions of the principal changes contained in each of
them, only the more striking features will be set forth here.
II - The principal features of the reform
1. Preeminence of the human person
It has often been said that the Civil Code was designed
for landowners and those in a position to live off their
investments, that it is more concerned with the protection of
property than with respect for human rights. It was for this
reason that there existed a desire that the recognition of the
role of the human person, along with affirmation and protection
of human dignity, be one of the main features of the
Draft.
It is not by accident that the first article of the Draft
reads as follows:
"Every human being possesses juridical personality".
This proceeds, as was ardently wished by our colleague
Louis Baudouin (5), from a determination to put the human
person, with its rights and duties, in its rightful place as the
cornerstone of Private Law relationships.
A growing consciousness of the rights of children also
led to the recommendation that the distinction, firmly drawn
even today, between legitimate and illegitimate children, be
abolished. The traditional rules, stemming from a philosophy
which considered the transmission of an inheritance more
important than the development of the child, had to go.

XXIV
Velaboration de regies et de techniques nouvelles quipourraient
mieux servir Vhomme contemporain.''
The new Civil Code had to reflect the social, moral and
economic realities of today's Quebec; it had to be a body of
law that was alive and contemporary, and which would be
responsive to the concerns, attentive to the needs and in
harmony with the requirements of a changing society in
search of a new equilibrium.
In spite of the affinity indicated by the legislature in
1955 between the present revision and the 1866 codification,
the task to be accomplished seemed to bear little resemblance
to that entrusted to Caron, Morin and Day JJ. over a century
ago. The latter were instructed essentially not to reform, but to
reformulate the law in such a manner as to transform it from
an "archaic" legal system into a "modern" legal system,
following the example of France and of so many other
countries of Europe and America which had already adopted
their own codes. The security of a single and ordered legislative
enactment was to replace the uncertainty created by a
multiplicity of sources that were widely dispersed.
However, the legislature specifically ordered that it was
the law that was in force at that time that was to be codified,
and that it was to be done along the same lines and according
to the same plan as the French Civil Code. The entirety of the
basic institutions of our private law as it then existed was to be
regrouped into a coherent and organic whole, expressed in
clear and simple terms.
The aim of the codification was thus put into a context
in which the determination to preserve the then existing law
overrode any desire for change (2). As no need was felt to
question traditional values, real innovations were few and far
between.
The purpose was to construct a Code which, embodying

XXV
the past, would serve as a defence against outside influences
which threatened the integrity of the Civil Law; it would
guarantee the survival of a legal system that was distinctive
but exposed due to its isolation within a continent in which the
Common Law held sway. Regarded, like the French Civil
Code, as the embodiment of Justice and Reason, it seemed
inconceivable that its principles could be shaken by the
vicissitudes of life. It was believed that the Civil Code would
escape the effects of the passage of time.
Nevertheless, far from remaining sheltered from the
drastic changes of the past century, this country has experienced
all the social upheavals brought about by the industrial
revolution, two world wars, major scientific and technological
discoveries, urbanization, the advent of a consumer society
and the age of obsolescence - phenomena which have profoundly
changed the way of life of a century ago and altered
traditional outlooks and even the institutions of the private
law, whether it be the family, ownership, contracts, or civil
responsibility.
In this connection, instead of putting the law into a
strait-jacket, the Code should have been the means of updating
legislative policy. However, both on account of its image
and the role assigned to it in Quebec society, the Code had
ceased to be a symbol of permanence, and has instead become
one of rigidity, the reflection of a static, even stagnant,
conception of a certain social order. The result was an everwidening
gulf between law and life.
There should not be underestimated, however, the
importance of various legislative innovations in the area of the
Civil Law, the number of which has naturally tended to
accelerate in recent decades. Under the pressure of the
requirements of a society undergoing change, it was necessary
to attempt to find solutions to the most urgent problems
arising from modern life where the Code's solutions were

XXVI
either non-existent or out-of-date. But to appreciate these
efforts at legislation, it must also be borne in mind that the
measures adopted were often conceived in haste, and, still
more often, drafted in a language, a style and a spirit all too
foreign to the civilian tradition of conciseness and clarity.
Thus, on the fringes of the Code, and sometimes in contradiction
with it, a body of civil law legislation was developing
which had no coherent plan, and was not in harmony with the
spirit of the Code.
There is no doubt that judicial interpretation also made
an important contribution to the process of evolution. It was
by dint of patient work mixed at times with a certain boldness
that courts, in approaching their task of applying the rules of
the Civil Code, rendered justice in full measure. In 1804,
Portalis said: " Un Code, quelque complet quHlpuisseparaitre,
n'est pas plutbt acheve, que mille questions inattendues
viennent s'offrir au magistrat. Car les lois, une fois redigees,
demeurent telles qu'elles ont ete ecrites. Les hommes, au
contraire, ne se reposent jamais." (3)
But while the primary function of the courts is not to
ensure a systematic and coordinated evolution of the rules of
law, one can only deplore the infiltration, both unjustified and
unnecessary, of Common Law concepts the application of
which were sanctioned by the authority of certain judicial
decisions. This has resulted in a confusion in the mind, and
inconsistency in the positive law.
The result is that, at this point in time, our Civil Law
offers a number of facets which are not in harmony with each
other. First of all, the Civil Code has remained largely
unchanged in its basic philosophies: it still bears the stamp of
authoritarianism in family law, individualism in property law
and liberalism in matters of conventional obligations -
doctrines which prevailed when it was drafted, but which
everyone so well knows are outmoded by today's reality and

XXVII
by the prevailing trends of contemporary thought. Secondly,
there is that body of so-called "statutory" legislation which
discloses the existence of a will to adapt to changing circumstances,
but which is too often set forth in an alien form and in
language that is barbaric. Finally, there is the jurisprudence
that sought to render justice and equity, but which has been
torn between the attractions of opposite poles.
It can be readily appreciated from the foregoing that an
extensive reform was necessary to restore to the Civil Code its
primary function: that of governing relations between citizens
in accordance with the norms, concepts and techniques of our
time. In short, the Civil Code had to be made to reflect the
society of Quebec in the latter part of the twentieth century.
Thus the task of revision could not be approached in the
same spirit as that which guided the first codification. In
comparison with what was done a little more than a century
ago, it seemed to us that the situation called for a complete
reversal in the objectives to be achieved. The obsolescence of
the Civil Code required that priority be given to reforming the
institutions of the Civil Law, and that there be undertaken, in
the light of experience and of comparative law, a systematic
examination of the entire Code, with a view to removing the
traces of a vanished past and to bringing the law into harmony
with contemporary reality.
To be sure, this rethinking of the fundamental principles
of the Code led to changes being proposed in the traditional
rules of the Civil Law that are at times profound. Despite this,
we believe that we have not broken with our civilian heritage
(4). For, in accordance with the felicitous formulation of our
colleague Professor Andre Morel: "Innovation is not synonymous
with treason, nor does faithfulness rule out change".
The Civil Law is not simply a collection of rules drawn from
Roman, ecclesiastical or customary law, and handed down to
us in a solidified form. The Civil Law, as it was so aptly

XXX
While the right of the child to affection and security is
emphasized, paternal authority, which was justified by a
patriarchal view of the family, would be replaced by parental
authority. This would put both parents on an equal footing in
making decisions as to the child's education and upbringing.
For the protection of the child against abuse, provision has
been made for the withdrawal of parental powers or even the
deprivation of parental authority. The same philosophy made
the best interests of the child the determining factor in any
decision concerning him, particularly in matters of adoption,
tutorship, the separation or divorce of his parents, and the
granting or withholding of medical services.
Tutorship was also the object of a thorough re-organization
aimed, amongst other things, at entrusting parents with
the administration of the property devolving to their children.
This administration, subjected to a periodic verification, is
intended to ensure both flexibility and efficiency in the
representation of a minor and in the management of his
property.
The adoption of the principle of equality between
consorts had many ramifications in various aspects of family
law. It is suggested that the married woman keep her maiden
name; that the establishment of the conjugal domicile be the
result of the joint decision of the consorts; that consorts share
parental authority and marital responsibilities; in short, that
they make all important family decisions together. Equality
between consorts had led to the proposal in 1968 that the
partnership of acquests be adopted as the common regime of
property rights; it also leads today to the modernization of the
community of property regime, as well as to shared responsibility
for the damage caused by a child of minor age.
The desire to protect members of the family unit lies
behind a variety of measures such as raising the age at which
marriage may be contracted to eighteen, the protection of the

XXXI
family residence, and the restrictions imposed on the freedom
of willing by the creation of a legal reserve in favour of the
surviving spouse, the acknowledgment that support continues
to be owed even after the death of the debtor, and by the
preferential attribution of certain property in the succession.
Furthermore, no modern judicial system can fail to take
cognizance of the situation of unmarried persons who have
chosen to live together on an open continuing basis. Because
of this, and out of respect for individual freedom, rules to
govern these de facto unions were deemed necessary to ensure
at least the protection of the consorts, their children and
property, without, however, there being imposed on the
parties involved any constraints or obligations which they
were precisely seeking to avoid.
In the revision of the classic rules governing contracts, it
was once again the desire to protect the dignity of the person,
this time in his role as a consumer of goods and services, that
was the motivating force. Well-founded criticisms of the myth
that contracting parties are free and equal have once again
made meaningful the famous warning by Lacordaire who, in
the middle of the last century, was already opposing triumphant
liberalism in these words: "Entre lefort et lefaible, c'est
la liberte qui opprime; c'est la loi quiaffranchit.''
Surely, the principle of freedom in legal relationships
would remain, but its application must be tempered when, in a
given social or economic situation, it leads to abuses that
society cannot tolerate. Consequently, a degree of formalism
in contracts or the inclusion therein of a mandatory content
were deemed necessary in some instances in order to reestablish
a contractual balance, or at least to make the party
who is in the weaker position aware of the consequences of the
undertaking he is entering into. This applies, for example, to
contracts of sale, residential leases and insurance policies.
It is also proposed that the courts be allowed increased

XXXII
powers of intervention in contractual matters so that injustices
can be rectified when certain clauses appear excessive or
abusive, or when, as a result of circumstances beyond the
control of either party, the execution of the obligations of the
agreement would entail undue hardship for one of them. This
is why it has been recommended that an old civilian tradition
be revived by the reintroduction of the concept of lesion
between parties of major age which had been rejected by the
Code in 1866, but which has reappeared from time to time in
various Quebec laws. Similarly, the Draft allows for the
revision of contracts on the basis of imprecision and denies the
creditor the right to resolution or resiliation when the inexecution
is of minor importance. In the same vein, it prohibits
clauses excluding responsibility in cases of injury to the
person.
And in an age where there is, with good reason, growing
consciousness of fundamental human rights, it seemed opportune
to insert a reminder in a Civil Code that rights correspond
to duties; that the affirmation of the rights of one
carries with it respect for the rights of others. This is why the
Draft provides rules enunciating the fundamental duties of
persons, no longer under the cover of a "fault", but expressed
in terms of positive standards of behaviour to be observed by
citizens in their relationships with each other.
2. Modernizing the law
The modernization of Quebec's Civil Law to bring it
into harmony with the economic and social realities of our
time is another determining factor that led to a number of
proposed reforms. Consider in particular the expansion of the
concept of trusts; the introduction of rules on the right of
superficies and, in particular, with respect to construction
leases; the introduction into the Code of hypothecs on
moveable property regrouping all types of real security on
moveable property by the integration of traditional forms of
real security with other contractual devices having the same

XXXIII
objective (such as conditional sales, sales with a right of
redemption). Consider also the diversification in the hypothecary
recourses, and the abolition of all privileges.
Lease and hire of work, whose name was as out-of-date
as the rules governing it, has been replaced by the three types
of contract actually in use: the contract of employment, the
contract for services, and the contract of enterprise. A contract
of arbitration with respect to both present and future disputes,
whose validity is fully recognized, takes its rightful place in the
Draft.
The law on evidence also underwent certain changes,
the objects of the principal ones being the codification of
customary rules and an increased emphasis on testimony. One
proposed rule which deserves to be mentioned and whose
necessity is more and more obvious would allow the courts to
refuseproprio motu illegally obtained evidence.
The process of modernization led to a simplifying of the
law of prescription and a centralization of the system governing
acts of civil status. Here, as in the field of registration of
real rights, the reform presupposes the establishment of data
processing equipment like that which exists in a number of
neighbouring jurisdictions, without which the application of
an up-to-date and effective legal system would be severely
hampered.
Finally, the desire to codify, and occasionally to clarify,
jurisprudential solutions, and to make the Civil Law conform
to international texts as applied in a number of countries,
inspired many innovations which are found more particularly
in the chapter on the contract of transport, and in the Book on
Private International Law which would be the final Book in
the new Civil Code.

XXXIV
III - The method
It is easy to see that no one person could achieve alone
the objectives aimed at. We have already said that this reform
was conceived as a collective effort in reflection. It therefore
seemed essential to provide for different stages of participation
and consultation to enable professionals and laymen to
express their opinions on the various aspects of the reform.
The first stage of consultation consisted of setting up
study committees responsible for submitting drafts or reforms
in particular areas of the Civil Law.
The committee was the key to the reform. Consisting
generally of three to seven jurists - judges, lawyers, civil
servants and professors - it was able to count on the constant
collaboration of research assistants; it was able to commission
special studies, and to consult experts -jurists and others,
and to interview individuals or organizations that might be
affected by a particular reform; and finally, it prepared a
report comprising a draft reform accompanied by explanatory
notes both French and English.
The second stage of consultation involved outside
participation. Its main purpose was to submit the committee
reports to the free and unrestricted appraisal of interested
persons and organizations. Thus, each of the forty-seven
reports of the committees of the Office was printed in about
2,000 copies which were distributed to government departments,
courts, universities, professional organizations, unions,
women's associations, political groups, religious bodies, social
agencies, banking institutions, and news agencies, and also to
an increasing number of individuals who on all sides showed
an interest in the reform of the Code, and finally, to foreign
civil and comparative law experts. Each was invited to submit
observations and criticisms in writing by a certain date.
Where the subject-matter was appropriate or the nature

XXXV
of the observations warranted it, public study or information
sessions were held to enable members of a committee to
understand more fully the ideas of the authors of briefs, and
even to enable authors of briefs to discuss among themselves
the various legislative options in question. This method
sometimes produced excellent results because it made it
possible to realize that opposing interests are not always
irreconcilable, that agreement could often be reached, or that
a diversity of opinions did not always result from ill will, but
most often from legitimately opposed interests. When these
consultations were completed, the committee resumed study
of its report in the light of the observations, comments and
criticisms, and prepared the final reports which it submitted to
the Office (6).
The third stage of consultation consisted in coordinating
the work of the study committees. Obviously, where every
Committee, as it had the right to do, freely presented its
legislative options, there could result - and this was a good
thing - conflicts in legislative policy or terminology. In effect, it
would be surprising if, in these days, a hundred and fifty
jurists, representing the various sectors of the profession,
belonging to different generations and coming from every
corner of Quebec, each having his own political, social,
religious or moral views, were to arrive at unanimity. Thus
steps had to be taken to ensure the coordination of the work. A
Coordinating Committee was set up, to which difficult cases of
conflict in legislative policy were referred. A Reading Committee
was established with responsibility for style and
consistency in the vocabulary. Where necessary, final arbitration
was brought to bear by the President of the Office.
Thus was conceived and written the Draft Civil Code
which the National Assembly of Quebec will be called upon to
examine and, if it approves, to adopt (7).
It must be remembered, however, that the promulgation

XXXVI
of a new Civil Code cannot be considered a final goal in itself,
but only a fresh beginning. The success of the reform will, of
course, depend upon the doctrinal and judicial interpretation
given it; it will also depend on the setting up of a Family
Court dispensing justice in a manner that recognizes the
special characteristics of family disputes, and the establishment
of administrative support machinery particularly with
respect to civil status and the registration of real rights, so as to
ensure, with speed and efficiency, while respecting individual
freedoms, the necessary publicity that must be given to acts
and deeds relating to persons and to property; but, above all,
there most certainly will be no real success unless there is
awareness that reform is only one stage in the juridical life of a
people and that the evolution of practice and mores must be
followed with a view to the continual adaptation of the Civil
Code to the new and ever changing needs of Quebec society.
The Draft is the product of a collective effort over a
period of more than twelve years. Many craftsmen have
shaped the final work, each adding his valuable contribution
in the various phases of the creation of the whole, whether it
be in the writing of committee reports, the appraisal of
proposed solutions, the coordination of the work or the
preparation of the Final Report. We are deeply grateful to all
(8).
Particularly invaluable were the contributions of the
members of the Coordinating Committee, the Reading Committee
led by Professor Andre Morel, the team of translators
presided over by Mr. Clive Meredith of the Translation
Service of the Department of Communications of Quebec, the
research associates of the Office who have so largely contributed
in ensuring the scientific quality of the Report and who,
in the final stage of the work, have assumed, under the
responsibility of Me Renee DesRosiers de Lanauze, the
delicate task of preparing the tables of concordance and the
schedules of the Report, and the staff of the Secretariat

XXXVII
directed by Mrs. Alice Archambault-Robaczewska, whose
devotion and patience were severely tested.
Finally, we would like to mention those who are no
longer with us: Mtre Andre Lesage, notary, Professor Louis
Baudouin, Dean Maximilien Caron, Mtre Marcel Faribault,
notary, Mr. Justice Claude Gagnon, Mtre Bruce Cleven and,
quite recently, the General Secretary Rapporteur of the Office,
Mtre Yves Caron, a colleague and friend. Throughout these
years, Mtre Caron was a tireless worker. He was no ordinary
partner. His vitality and capacity for work resulted in a
contribution to the work of the revision of the Civil Code that
can only be described as outstanding.
15 August 1977
Paul-A. Crepeau, Q.C.
Professor of Civil Law
at McGill University.

XXXVIII
(1) Preface to the work by Miss G. VINEY, Le declin de la responsabilite
individuelle, Pans, L.G.D.J., 1965, p. ii.
(2) See, on this subject, J.EC. BRIERLEY, Quebec's Civil Law Codification,
(1968) UMcGillL.J. 521.
(3) Projet de Code civil, Paris, Lepetit jeune, An IX, Discours preliminaire,
P. XII.
(4) See, in this respect, F.-H. LAWSON, A Common lawyer looks at the Civil
Law, Ann Arbor, 1953.
(5) See LOUIS M. BAUDOUIN, Les aspects generaux du droitprive dans la
Province de Quebec, Paris, Dalloz, 1957, p. 147 et s.
(6) If the proposed reform was urgent in nature, it was submitted to the
Minister of Justice with the recommendation that it be incorporated in a
separate bill without waiting for the overall reform. In this way, work
and reports carried out by the Office inspired certain legislation
regarding, in particular, civil marriage, adoption, declaratory judgments
of death, the matrimonial regimes, the Public Curatorship, obligations
between parents and natural children, the Charter of human rights and
freedoms, the lease of things and insurance.
(7) It must be remembered, however, that certain parts of the Draft cannot
be implemented as such by the National Assembly because of the fact
that the subject-matters do or might fall within the legislative authority
of Parliament (see S. 91 par. 26 of the British North America Act; also S.
92, par. 12 and 13). Such is the case in the area of Family law both in
respect of internal rules and of conflict rules. But in view of the necessity,
on the one hand, to present a homogeneous and coherent Family law
Draft, and, on the other hand, of the impossibility of delineating the
respective boundaries of Federal and Provincial jurisdictions, the Draft
was prepared, with the consent of the provincial authorities, without
taking the constitutional question into account. Indeed, we believed that
the problems of the family are first and foremost human problems and
that we should not let such an astonishing and artificial distribution of
legislative powers - where the search for political compromise loomed
larger than the requirements of legal coherence - prevent the formulation
of a comprehensive reform of family law. It will be for the competent
authorities to solve this problem, either by agreeing to a new distribution
of legislative powers or by each of the two authorities enacting the Draft
within the uncertain limits of its jurisdiction.
(8) A list of those who contributed to the revision of the Civil Code will be
found in Schedule VI.

BOOK ONE
PERSONS

PERSONS
TITLE ONE
JURIDICAL PERSONALITY
CHAPTER I
ENJOYMENT OF CIVIL RIGHTS
1 Every human being possesses juridical personality.
2 Juridical personality is granted to legal persons created
in accordance with the law.
3 Juridical personality confers full enjoyment of civil
rights, subject to express provision of law.
4 Every person has a patrimony which consists of all his
property and all his debts.
He also possesses the extra-patrimonial rights and duties
peculiar to his status.
5 No person may renounce the enjoyment of his civil
rights and of his fundamental liberties.
CHAPTER II
EXERCISE OF CIVIL RIGHTS
6 Every person of major age has full exercise of his civil
rights, subject to express provision of law.
7 Similarly, every legal person has full exercise of its civil
rights, except with respect to anything peculiar to a human
person.
The provisions of law regarding the exercise of civil

PERSONS
rights by human persons apply to legal persons, insofar as
possible.
8 Every person must exercise his rights and perform his
duties in accordance with the requirements of good faith.
9 No person may exercise a right with the intent of
injuring another, or in any way that may cause damage out of
proportion to the benefit he may derive.
10 No person may violate public order and good morals by
any juridical act.
11 No person may renounce the exercise of his civil rights
and his fundamental liberties in a manner contrary to public
order and good morals.
CHAPTER III
RESPECT OF PRIVACY
12 Every person has the right to privacy.
13 No person may invade the privacy of another without
his consent or unless he is expressly authorized by law.
In particular, no person may:
1. enter property lawfully occupied by another or take
anything from that property;
2. voluntarily intercept or use any private
communication;
3. voluntarily monitor or use the image or voice of any
person in a private place;
4. observe a person's private life by any means;
5. use a person's name, image, likeness or voice for any

PERSONS
purpose other than the supplying of legitimate information
for public opinion;
6. use any correspondence, manuscript or other personal
document belonging to another;
7. divulge confidential information concerning the private
life of another, contained in a file administered by the
State or by another person.
14 Every person has a right of access to any file concerning
him which the law requires be kept.
When the information contained in that file is false,
incomplete or not pertinent to the purpose of those who hold
it, the person concerned may have the information removed or
corrected, without prejudice to his other rights.

PERSONS
TITLE TWO
HUMAN PERSONS
CHAPTER I
GENERAL PROVISIONS
15 The human person is inviolable.
No one may harm the person of another without his
consent or unless he is authorized by law to do so.
16 A person of major age may consent to alienate part of
his body inter vivos, or to submit to a non-therapeutic
experiment, provided the risk assumed is not disproportionate
to the benefit anticipated.
A minor may do the same with the authorization of his
father and mother or, failing them, of the person who exercises
parental authority and of a judge, provided no serious risk to
his health results from this.
The alienation must be gratuitous, unless the part of the
body alienated is capable of regeneration.
The consent must be given in writing; it may be
revoked in the same way or, if the revocation is made in the
presence of the person who was to carry out the removal or the
experiment, by a verbal statement.
17 No person may submit a child or a person of major age,
incapable of discernment, to any non-therapeutic experiment
which may endanger his health.
18 A person of major age may decide in writing as to the
nature of his funeral and the disposal of his remains. In the
same way, he may gratuitously dispose of his remains or

g PERSONS
authorize the removal of organs and tissues after his death, for
medical or scientific purposes.
A minor may do the same with the authorization of his
father or mother or, failing them, of the person who exercises
parental authority.
The consent must be given in writing; it may be
revoked in writing or verbally before a witness.
19 A physician may remove part of the body of a deceased
person if, failing prior instructions from the deceased, he
obtains the consent of the consort or nearest relative of that
person.
This consent is not required when two physicians attest
in writing to the impossibility of obtaining it in due time, the
urgency of the operation and the serious hope of saving a
human life.
The death of the donor must have been ascertained by
two physicians who in no way participate in the removal or in
the transplantation.
20 An autopsy may be performed only in cases provided for
by law or where the deceased had consented in writing.
A minor may also consent in writing to an autopsy, with
the authorization of his father or mother or, failing them, of
the person who exercises parental authority.
21 An autopsy may be required by the attending physician,
by the consort or the heirs of the deceased, his relatives in the
first degree or those persons acting in their stead.
22 An autopsy may also be required by an insurer if the
circumstances surrounding the insured's death justify it.

PERSONS
23 An application for an autopsy is made by summary
motion to a judge of the Superior Court.
It is served on the persons designated by the judge and
in the manner prescribed by him, unless he dispenses with all
service.
CHAPTER II
PROVISIONS RELATING TO CHILDREN
24 Every child is entitled to the affection and security
which his parents or those who act in their stead are able to
give him, in order to ensure the full development of his
personality.
25 In every decision concerning a child, whether that
decision is made by his parents, by the persons acting in their
stead, by those entrusted with his custody or by judicial
authority, the child's interest must be the determining factor.
Consideration is given in particular to the child's age,
sex, religion, language, character and family surroundings,
and the other circumstances in which he lives.
26 In every j udicial decision affecting the interest of a child,
the court must consult that child if he is capable of discernment,
unless circumstances do not permit this.
27 The court must appoint an attorney to represent a child
in any proceedings where that child's interest so requires.
Any interested person, including the members of the
court's auxiliary services, may apply for the appointment of
an attorney.
28 A child conceived is deemed born provided he is born
alive and viable.

10 PERSONS
29 A child is deemed to have been conceived within three
hundred days before his birth.
30 "Children" used alone means descendants in the first
degree.
"Grandchildren" means descendants in the second
degree.
"Descendants" used alone means all the posterity of a
person, regardless of degree.
31 Any reference to family relationship or to relationship
by filiation in the law or in any act includes relationship by
blood, whatever the circumstances of the birth, or by
adoption.
CHAPTER III
NAME AND PHYSICAL IDENTITY
Section I
Attribution of name
32 Every human person has a name consisting of one
surname and at least two given names attributed to that
person in his act of birth.
33 A child bears his father's surname.
However, if maternal filiation only has been established,
he bears his mother's surname.
34 A child whose paternal filiation and maternal filiation
are not established bears the name attributed to him by the
Registrar of Civil Status.

PERSONS 11
35 If a disavowal or a contestation of paternity has been
judicially allowed, a child loses his presumed father's
surname.
From the time of the judgment, he bears his mother's
surname.
36 A child who is recognized by his father under the
conditions mentioned in Article 273 of the Book on The
Family may bear his father's surname.
He may apply by motion to have the registers of civil
status corrected.
37 If the child is recognized by his mother only, he may
bear her surname.
He may also apply by motion for correction of the
registers of civil status.
38 The motion mentioned in Articles 36 and 37 is submitted
to the court by the father, the mother, the legal representative
of the child if the child is a minor, or the child himself if he
is fourteen years old.
A child who has come of age must submit the application,
on pain of forfeiture, within two years after he reaches
the age of majority.
39 Except in cases of adoption, the change in a surname
resulting from a change in civil status does not entail any
change in the given names.
40 A child's given names are chosen by his parents.
Where they cannot agree, each parent gives him one
name.
41 An adopted person bears the surname of the person who

12 PERSONS
adopts him; when adoption is by consorts, he takes the
surname of the husband unless, on motion by the person
adopting or by the adopted person or his tutor, the court
decides that the original surname should be retained or the
name of the person adopting should be added.
42 Any change in the surname of an adopted person entails
the same change for any minor child of his who bears the same
name.
If that minor child is fourteen years old, however, he
may object to the change.
43 On motion by the person adopting or by the adopted
person, the court may change the given names of the child.
44 A copy of the judgment changing the surname of a
person in accordance with Articles 38, 41, 42 and 43 is
forwarded to the Registrar of Civil Status by the prothonotary
or the clerk of the court which rendered it.
45 Consorts retain their respective surnames and given
names throughout their marriage.
Section II
Change of name
46 A change of name other than one made under Section I
may be authorized only by the Registrar of Civil Status, in
accordance with the rules of this section.
47 A change of name may be authorized:
1. when the name is too difficult to pronounce or to use,
particularly by reason of its foreign sound;

PERSONS 13
2. when the name could subject the petitioner to ridicule or
when it has become infamous;
3. when the name generally used by the petitioner does not
correspond to that entered in his act of birth;
4. for any other reason deemed sufficient by the Registrar
of Civil Status or, in the event of appeal, by the judge.
48 Only a Canadian citizen who has resided in Quebec for
one year may apply for a change of name.
49 A minor fourteen years old may apply alone for a
change of name.
50 A change in the name of the petitioner entails the same
change for any minor child of his who bears the same name.
However, if that child is fourteen years old, he may
object to the change.
Section HI
Change of physical identity
51 Any unmarried Canadian citizen who has resided in
Quebec for one year and has successfully undergone medical
and surgical treatment to transform his sexual features may
have his act of birth altered by the Registrar of Civil Status.
52 A change of physical identity allows only the modification,
in the act of birth, of the entries relating to the sex of the

14 PERSONS
petitioner and to his given names; the entries must be in
keeping with his new physical identity.
53 A change of surname is authorized only in exceptional
circumstances assessed by the Registrar of Civil Status.
Section IV
Effects of change of name or of physical identity
54 A change of name or of physical identity does not affect
the rights and obligations of a person.
55 Acts, titles and other documents made by a person who
has changed his name or his physical identity, or made in his
favour under his former name or his former physical identity,
are deemed made under his new name or under his new
physical identity.
56 The person who has changed his name or his physical
identity may require that such acts, titles and other documents
be drawn up again, or corrected, at his expense, under his new
name or under his new identity.
Section V
Use and protection of name
57 The name of every person is entitled to respect.
58 No person may usurp or use any name other than his
own if confusion or damage can result.

PERSONS 15
59 The holder of the name, his spouse and his relatives in
the direct line may demand that the usurpation cease, and
may claim reparation of the damage caused.
CHAPTER IV
DOMICILE
60 The domicile of a person is at the place of his habitual
residence.
61 A person changes his domicile by establishing his
habitual residence in another place.
62 Any person whose habitual residence cannot be determined
with certainty is presumed to be domiciled at the place
of his last known domicile.
If no previous domicile can be established, the person is
presumed to be domiciled at the place of his birth and, if that
place is unknown, in the judicial district of Quebec.
63 A minor is domiciled with his parents or with his tutor.
A minor whose custody has been the subject of a judicial
decision is domiciled with the person who has custody of him.
When no judicial decision has been rendered with
respect to custody, and the minor's parents have no common
domicile, the minor is domiciled with the person with whom
he habitually resides.
64 A person of major age placed under tutorship is domiciled
with his tutor.
65 Parties to an agreement may elect domicile under that
agreement with a view to its execution or to the exercise of the
actions arising from it.

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Election of domicile must be express and in writing.
CHAPTER V
ACTS OF CIVIL STATUS
Section I
General provisions
66 The only acts of civil status are acts of birth, acts of
marriage and acts of death.
They contain only what is required by law.
67 The contents of acts of civil status may be disclosed only
in the manner and in the cases provided by law.
68 The Registrar of Civil Status is the sole officer of civil
status.
He receives attestations and declarations of birth,
marriage and death.
He immediately signs and dates the declarations he
receives and enters them in the register of civil status.
69 The declaration so signed, dated and entered constitutes
an act of civil status.
If the declaration is made after the prescribed period,
the Registrar may make an investigation or apply for a
judgment before preparing the act.
70 The declaration of civil status indicates the surname,
given names, quality, and domicile of the declarant who signs
it.

PERSONS 17
71 If there is no declaration or if a declaration is incomplete
or contrary to the attestation, the Registrar may draw up the
act on the basis of any information he obtains.
72 The prothonotary or the clerk of the court which has
pronounced a judgment to rectify an act of civil status, a
declaratory judgment of death or of absence, a judgment to
reconstitute or replace an act of civil status, or a judgment
admitting a contestation or disavowal of paternity, an admission
of paternity or maternity, an adoption, a divorce or an
annulment of marriage, sends a copy of the judgment to the
Registrar as soon as it is final.
The Registrar immediately enters it in the register and,
if need be, attaches it to the act affected.
He also enters any decision regarding a change of name
or of physical identity.
73 An adoption outside Quebec by a person domiciled in
Quebec must be declared.
The person adopting sends the Registrar the act of
adoption or a duly certified copy; if it is impossible to obtain
such a document, he sends any other document establishing
the adoption.
The Registrar enters it in the register and draws up an
act of birth.
74 After assuring himself as to the authenticity of the copy
of any act of civil status drawn up outside Quebec but
concerning a person domiciled in Quebec at that time, or of
any decision rendered outside Quebec but likely to change an
act of civil status drawn up in Quebec, the Registrar enters it
in the register as though it was an act drawn up in Quebec
and, if need be, attaches it to the act concerned.
75 The acts mentioned in Articles 73 and 74 which are not

18 PERSONS
drawn up in French or in English must be accompanied by a
translation into either of these languages, certified in Quebec
or at the place of origin.
76 Upon entry of a decision granting a change of name or
of physical identity, a judgment to correct an act of civil
status, a judgment granting adoption or acknowledging
paternity or maternity, or a judgment admitting a contestation
or disavowal of paternity, the Registrar prepares a new act.
signs it and enters it in the register.
This new act does not include the information in the
original act which required modification.
77 Upon entry of a declaratory judgment of death or of a
judgment to reconstitute or replace an act of civil status, the
Registrar prepares the act, signs it and enters it in the register.
In addition to the information required by law, the act
indicates the date of the judgment, the court which rendered it
and the number of the court file.
A copy of the judgment is attached to the act.
These details are included in any certificates issued
subsequently.
78 The Registrar issues certificates of civil status and copies
of acts of civil status.
79 Any person who applies for a certificate may obtain one.
80 Every certificate indicates the registration number of the
act; it is dated and signed by the Registrar.
It contains only the additional information required by
law in each case.

PERSONS 19
81 The certificate may make no reference to any information
which has changed the act or is attached to it.
82 Only a person mentioned in an act of civil status, or who
justifies his interest in it, may obtain a copy of that act.
Except in the cases provided for by law, he may obtain a
copy of the original act which also includes any changes made
to it or any entries attached to it.
The copy bears the date of its issue and is signed by the
Registrar.
Section II
Acts of birth
83 The physician or, if there is no physician, the person
who attends the mother, prepares an attestation of delivery
and immediately transmits a copy of it to the Registrar and to
the persons obliged to declare the birth.
84 An attestation of delivery mentions the date and place
of the birth, the sex of the child, and the surname, given names
and domicile of the mother and of the physician or the person
who attended her.
It is signed by the person who prepares it.
85 The father or the mother or, failing them, the person
who has custody of the child, must declare the birth of that
child to the Registrar within eight days.
The declarant attaches a copy of the attestation of
delivery to his declaration.
86 Any person who finds a newborn child must make a
declaration to that effect within the same period.

20 PERSONS
The presumed date of birth is fixed by the Registrar on
the basis of a medical report.
87 A declaration of birth mentions the surname, given
names and sex of the child, the place and date of his birth, the
surnames, given names and domiciles of the parents, and the
degree of relationship between the declarant and the child.
88 A certificate of birth mentions the surname, given names
and sex of the child, and the date and place of his birth.
89 Copies of acts of birth and of certificates of birth issued
after death or after a declaratory judgment of absence
mention that death or that judgment.
Section III
Acts of marriage
90 The officiant transmits the declaration of a marriage to
the Registrar of Civil Status within eight days.
91 The declaration of marriage mentions the surname,
given names and domicile of each consort, their respective
places and dates of birth, the place and date of the marriage,
the surname, given names and capacity of the officiant, the
surname, given names and domicile of the parents of each
consort, and the surname, given names and domicile of each
witness.
If one of the consorts has obtained a dispensation by
reason of age, this fact is mentioned in the declaration which
also indicates the date of the judgment and the number of the
court file.
The declaration is signed by the consorts, the witnesses
and the officiant.
The officiant gives a copy to the consorts.

KfcKSONS 21
92 A certificate of marriage mentions the surname and
given names of each consort, and the date and place of the
marriage.
93 Copies of the act of marriage and of certificates of
marriage issued following annulment of a marriage, or
divorce, or death, or a declaratory judgment of absence must
mention the annulment, divorce, death or judgment.
Section IV
Acts of death
§ - 1 Attestations and declarations of death
94 A physician who establishes that a death has occurred
prepares an attestation of death.
He transmits the attestation to the Registrar without
delay and makes one copy available to the persons who must
declare the death.
If no physician is available, the attestation may be made
by a coroner, a mayor, a minister of religion or, if none of these
is available, by two persons of major age.
95 An attestation of death mentions the date and place of
the death, the surname, given names and sex of the deceased,
and the surname and given names of the person who prepares
the attestation.
It is signed by that person.
96 If the deceased cannot be identified, the attestation of
death gives a description of him and an account of the
circumstances surrounding his death.
97 The spouse of the deceased, a person related to him or,
failing these, any other person capable of identifying him,

22 PERSONS
must declare the death to the Registrar within eight days of
that death, or of the declaratory judgment of death or of
absence, as the case may be.
A copy of the attestation is attached to the declaration.
98 A declaration of death gives the surname and given
names of the deceased and of his parents, his sex, the place
and date of his birth, the place of his last domicile, the place
and date of his death and, where applicable, the surname and
given names of the surviving spouse.
It also indicates the relationship between the declarant
and the deceased.
99 If the date of death is not known, the Registrar fixes the
presumed date on the basis of a medical report.
If the place of death is not known, the death is presumed
to have occurred where the body was found.
100 The Registrar mentions the death or absence, as the case
may be, in a schedule to the deceased's acts of birth and of
marriage.
101 A certificate of death gives the surname, given names
and sex of the deceased and the date and place of his death.
If a certificate is issued following a declaratory judgment
of death, it also includes the information required under
Article 77.
§ - 2 Declaratory judgments of death
102 The death of a person who has died in Quebec or was
domiciled there must be judicially declared when it is impossible
to draw up an attestation of death and his death can be
held to be certain.

PERSONS 23
103 The judgment mentions the surname, given names and
sex of the deceased, the place of his last domicile, and the
place of his death, if it is known.
It fixes the date of death, taking into account the
presumptions drawn from the circumstances or, failing such
circumstances, it fixes as the date of death the day when the
deceased disappeared.
104 A declaratory judgment of death terminates the marriage
of a person declared to have died, and dissolves his
matrimonial regime.
105 If a person whose death has been judicially declared
reappears, the court, on motion, orders revocation of the
declaratory judgment and cancellation of the entries to which
the revoked judgment gave rise.
106 A person who reappears takes back his property in the
condition in which it is, what remains of the price of any of his
property which has been alienated, or any property acquired
with the price.
107 Any payment made subsequent to a death which has
been judicially declared, but before the return of the person
declared deceased, is valid and constitutes valid discharge.
Section V
Correction and rectification of acts of civil status
108 The Registrar corrects clerical errors in any act.
In other cases, rectification is obtained, upon motion, in
the manner prescribed in the Code of Civil Procedure.

24 PERSONS
Section VI
Judgments to reconstitute and replace acts of civil status
109 An act which has been lost or destroyed, or a copy of
which cannot be obtained, may be reconstituted following a
judgment, even if the act was received or drawn up outside
Quebec.
110 If no act exists respecting a birth, marriage or death, the
act may be judicially supplied, even if the birth, marriage or
death occurs outside Quebec.
CHAPTER VI
MAJORITY AND MINORITY
Section I
Majority
111 The age of majority is eighteen years.
Majority is also attained by marriage before that age.
112 Upon reaching majority, every person is fully capable of
performing all acts of civil life, subject to express provision of
law.
Section II
Minority
113 A minor is capable of contracting, subject to express
provision of law.
114 An act performed alone by a minor may be annulled, or

PERSONS 25
the obligations which derive from it may be reduced, on his
application, if he suffers damage.
A minor who has become of major age may confirm the
act, subject to Article 37 of the Book on Obligations.
115 A mere verbal declaration by a minor to the effect that
he is of major age does not deprive him of his recourse in
nullity or reduction.
116 The minor may not exercise any recourse in nullity or
reduction when the damage results from a casual or an
unforeseen event.
117 A minor is responsible for all damage which results from
an offence or a quasi-offence committed by him.
118 A minor is deemed of major age for the purposes of his
business, his craft, his profession or his employment.
119 A minor authorized to marry is deemed of major age for
the purposes of his marriage contract.
The same applies to a minor who will be of major age on
his wedding day.
120 A minor is represented, in any judicial proceedings, by
the person who exercises parental authority, subject to express
provision of law.
However, with the authorization of the judge, a minor
may institute alone an action relating to his status.
A minor may himself invoke, in his defense, any
irregularity resulting from lack of representation.
121 A minor fourteen years old may consent alone to receive
any treatment required by his state of health.

26 PERSONS
Where such a minor is sheltered for more than twelve
hours, or where treatment is prolonged, the physician or the
hospital centre must inform the person who exercises parental
authority.
122 When a minor is under fourteen years of age, his father,
mother or tutor must consent to the care required.
However, if the consent cannot be obtained, or if refusal
is not justified in the interest of the child, a judge may
authorize the care or treatment.
123 A minor under sixteen years of age may be given the
medical or surgical care which his condition requires, even
though he refuses it, provided the person who exercises
parental authority gives his consent.
124 When the life of a minor is in danger, no consent is
necessary for any medical or surgical care.
CHAPTER VII
PROTECTED PERSONS
Section I
General provisions
125 Tutorship is intended to ensure protection of the person
and of the patrimony, or of the patrimony only.
126 Tutorship to minors is legal, dative or testamentary.
127 Tutorship to protected persons of major age and to
absentees is dative.
The same applies to curatorship to persons of major age.

PERSONS 27
128 There are two kinds of legal tutorship: that exercised by
parents over the property of their minor children, and that
provided for by law for specific purposes.
129 Tutorship to the person is a personal office; every
person, whether citizen or alien, may act as a tutor, subject to
express provision of law.
130 Tutorship is not transferred to the heirs of the tutor.
The heirs are responsible only for the tutor's administration
and, if they are of major age, they must continue the
administration until a new tutor is appointed.
131 Legal tutorship by parents is a gratuitous office.
132 A dative or a testamentary tutor may receive remuneration
fixed by the court or by the testator, taking into account
the expenses of the tutorship.
133 The following persons may not act as tutors:
1. a minor, unless he is the father or mother of the child;
2. a person of major age under tutorship or under
curatorship;
3. a person who is, or whose spouse is, engaged in a dispute
involving the status, patrimony, or a significant portion
of the property of the protected person;
4. a person confined to a penal institution.
134 No person may be compelled to act as a dative or a
testamentary tutor.
135 A married person may not act as a dative or a testamentary
tutor to the person of a minor, unless he obtains the
consent of his spouse, provided, however, these consorts are
living together.

28 PERSONS
136 Tutorship is based at the domicile of the minor or of the
person of major age under tutorship.
137 The court or the testator may appoint either one person,
or consorts living together, as tutor or tutors to the person.
138 A tutor to the person is also tutor to the property.
However, the judge or the testator may appoint one
tutor to the person, and one or more tutors to the property.
139 Tutorship to the property may be referred by the court,
or entrusted by the testator, to an organization specializing in
administration of the property of others.
140 A tutor may delegate the administration of the protected
person's property in accordance with the Title on Administration
of the Property of Others.
He may also delegate it to an organization specializing
in administration of the property of others.
141 The tutor to the person has the care of the protected
person.
He represents him in the exercise of all his civil rights,
and in all judicial proceedings, subject to express provision of
law.
142 When several tutors are appointed to the property of a
protected person, they perform their respective duties independently
of each other with regard to the property entrusted
to them.
143 The tutor to the property makes an annual report on his
administration to the tutor to the person.
144 The tutor deducts from the nrooertv he administers all
amounts necessary for the n

PERSONS 29
If he does not do so, any interested person may apply to
the court to determine the amount to be deducted.
145 The tutor to the person agrees with the tutor to the
property as to the annual amount he needs to perform his
duties, and also as to payment of that amount.
If they cannot agree, the court determines the amount
necessary, and the conditions of payment.
146 With respect to the property of a protected person, the
tutor to the property has the powers and obligations of an
administrator entrusted with full administration.
147 All property which has been given, bequeathed or
judicially assigned to a protected person, on express condition
that it be administered by a third party, is exempt from
tutorship.
148 The Public Curator supervises the administration of
property given, bequeathed or judicially assigned to a protected
person and exempted from administration by the tutor.
149 The protected person retains the administration of the
proceeds of his own work.
150 Whenever the protected person's interests are in conflict
with those of his tutor, the court, on motion by any interested
person, may appoint an ad hoc tutor to the protected person.
The Public Curator may be appointed ad hoc tutor.
151 In addition to the causes for extinction provided for in
the Title on Administration of the Property of Others, the
functions of dative and testamentary tutors terminate when:
1. the protected person dies;
2. the minor becomes of major age;
3. the protected person is adopted;

30 PERSONS
4. the tutor is replaced or dismissed.
152 In addition to the causes provided for in sub-paragraphs
1, 2 and 3 of the preceding article, legal tutorship of the parents
terminates upon:
1. deprivation of parental authority;
2. judicial withdrawal of tutorship;
3. commencement of dative tutorship.
153 A tutor may apply to be relieved of his duties at any
time, provided his application is not made at a time detrimental
to the interests of the protected person.
He remains in office until a new tutor is appointed.
154 A tutor who becomes unable to perform his duties may
be replaced.
155 Any interested person, including the Public Curator,
may apply to the court for replacement of a dative or a
testamentary tutor.
The application is made in accordance with the Code of
Civil Procedure.
156 A dative or testamentary tutor who neglects his duties
toward a protected person, or mistreats him. mav be
dismissed.
157 Unless otherwise ordered by the court, a dative or
testamentary tutor retains his authority over the protected
person and over the property of that person throughout the
proceedings for dismissal or replacement.
158 Unless the court decides otherwise, the father or the
mother retains power over the child's property during proceedings
lor withdrawal of legal tutorship to the property.

PERSONS 31
159 In the cases mentioned in Articles 157 and 158, the
court, from the time of application, may appoint the Public
Curator to act as tutor.
160 The judgment ordering dismissal or replacement of a
tutor orders him to render an account and appoints a new
tutor.
If no person is proposed for the office of tutor, or if the
person proposed does not accept the office, the court appoints
the Public Curator.
The court rules on the custody of the person, should the
occasion arise.
161 The judgment has no effect with regard to third parties
until it has been filed in the central register of protected
persons.
162 The Title on Administration of the Property of Others
applies to this chapter when it is not incompatible.
Section II
Parents' legal tutorship to the property of their minor
children
163 Parents, even those of minor age, are of right legal tutors
to their minor children's property.
164 Parents administer their minor children's property
together, unless either of them has been awarded custody of
them by the court, in which case that parent alone fulfils the
duties of tutor to the property, until the court decides
otherwise.
165 If either parent dies, or is unable to express his wishes or
cannot express them within the time required, the other parent
exercises legal tutorship.

32 PERSONS
166 Either parent may confer on the other a mandate to
represent him in the exercise of legal tutorship.
With regard to third parties in good faith, this mandate
is presumed.
167 In the absence of a decision to the contrary, once the
court has restored to a parent his parental authority or any
attributes of that authority which have been withdrawn, that
parent recovers legal tutorship, even if dative tutorship has
already begun.
Section III
Dative tutorship
168 Dative tutorship to minors is conferred by the court, in
accordance with the Code of Civil Procedure, when:
1. both parents have died without appointing a testamentary
tutor, or they cannot exercise parental authority;
2. the parents have been deprived of parental authority;
3. the parents have seen their legal tutorship to the child's
property withdrawn.
169 Any interested person, including the Public Curator,
may apply by motion for commencement of dative tutorship;
he may submit the name of any person, or the names of
consorts living together, who are suited to act as tutor or tutors
and who agree to do so.
170 A dative tutor assumes office on the day he is appointed.

PERSONS 33
Section IV
Testamentary tutorship
171 Tutorship is testamentary when the tutor is appointed in
a will by the surviving parent who was exercising parental
authority on the day of his death.
172 When a testator entrusts several persons, other than
consorts living together, with tutorship to the person, the
tutorship is without effect.
The court which appoints a dative tutor, however, takes
the wishes of the testator into account.
173 A testator may provide in his will for the replacement of
the tutor he appoints.
174 An heir, legatee or executor may be appointed tutor to
the person and to the property.
175 The testamentary tutor assumes office when he becomes
aware of his appointment.
If he has not refused the tutorship within two months
after he becomes aware of his appointment, he is presumed to
have accepted it.
176 If a testamentary tutor refuses to accept the tutorship, he
must do so by a notarial deed en minute or by a judicial
declaration, recorded by the court.
A copy of the deed of refusal must be sent without delay
by the notary or the prothonotary, as the case may be, for
filing in the central register of protected persons.
177 A testamentary tutor who agrees so to act must, within
thirty days after the holograph will or the will before witnesses
is probated, or within thirty days following the death if the

34 PERSONS
will is in authentic form, send the Public Curator a copy of the
will appointing him, for filing in the central register of
protected persons.
178 When a testamentary tutor refuses the tutorship and the
testator has appointed a substitute, the person who received
the refusal must so advise the substitute.
If the substitute does not refuse the tutorship within
thirty days, he is presumed to have accepted it on the day he
became aware of his appointment.
179 If the testamentary tutor or his substitute has refused the
tutorship within the prescribed period, a dative tutor may be
appointed to the minor.
Section V
Protection of persons of major age
§ - 1 Tutorship and curatorship to persons of major age
180 A person of major age whose mental faculties are
impaired or who is physically incapable of expressing his will
may be placed under tutorship or under curatorship.
181 A person of major age is placed under tutorship when,
for any reason mentioned in the preceding article, he is
incapable of acting for himself and requires representation in
the exercise of his civil rights.
182 A person of major age is placed under curatorship when,
for any reason mentioned in Article 180, he is incapable of
acting without help and requires assistance in the exercise of
his civil rights.
183 When the court orders a person placed under curatorship,
it may authorize him to perform alone certain acts which
it determines.

PERSONS 35
184 The court, on motion by any interested person, including
the Public Curator, decides on the commencement of a
regime of protection.
185 The judgment ordering commencement of a regime of
protection stipulates the regime under which the protected
person is placed, and appoints a tutor or a curator.
186 The court, any time before judgment, may upon motion
appoint a person to administer provisionally the property of
the person to be protected.
187 The provisional administrator is entrusted with the
simple administration of the property of the person to be
protected.
188 A judgment placing a person of major age under
protection may be revised by the court, on motion by any
interested person including the Public Curator in the event of
recovery, improvement or deterioration of the protected
person's physical or mental health, in compliance with the
formalities for commencement of the regime.
189 A person of major age under tutorship is incapable of
contracting, subject to express provision of law.
190 An act performed alone by a person of major age under
tutorship may be declared null or the obligations which derive
from it may be reduced, on his application, without it being
necessary to prove damage.
191 All acts performed before a person of major age is
placed under tutorship are subject to the same nullity as those
performed after he is so placed, provided the grounds for
placing him under protection notoriously existed when the
acts were performed.
192 A person of major age under curatorship is capable of
contracting, subject to express provision of law.

36 PERSONS
193 An act performed alone by a person of major age under
curatorship may be declared null or the obligations which
derive from it may be reduced, on his application, as in the
case of a minor, if he suffers damage.
194 Subject to Article 37 of the Book on Obligations, he may
confirm the contract after the curatorship has terminated.
195 A person of major age under curatorship may institute
alone proceedings concerning his status, with the authorization
of the judge.
196 A curator assumes office on the day he is appointed.
He is appointed, and may be replaced or dismissed,
under the same conditions as a tutor.
§ - 2 Tutorship to sick persons
197 When a sick person who has no tutor is unable to act for
himself for a reason given in Article 180, and requires
representation in the exercise of his civil rights, the director of
professional services of the hospital centre where he is treated
must immediately advise the Public Curator.
198 The sick person's condition is attested to by a certificate
from the director of professional services, following a reasoned
recommendation in writing from the psychiatrist or specialist,
as the case may be, who examined the sick person.
The director sends the certificate, and any other document
or information indicated by government regulation, to
the Public Curator.
199 As soon as the Public Curator receives the certificate, he
must ask the court, by motion, to appoint him tutor to the sick
person.
200 The Public Curator has the powers and obligations of a

PERSONS 37
tutor with regard to the person and property of the sick person,
subject to express provision of law.
If a tutor to the person only is appointed, the Public
Curator continues to act as tutor to the property.
201 The sick person retains full administration of the
proceeds of the work done by him during the tutorship.
202 The Public Curator does not have custody of the sick
person.
The director of professional services of the centre where
the sick person is hospitalized has custody of that person.
203 The powers of the Public Curator as tutor to a sick
person cease of right:
1. when a judgment appointing another tutor or a curator
to the sick person is served on the Public Curator;
2. when the court renders a judgment declaring that the
sick person is no longer incapable.
204 The Public Curator continues his administration after
the sick person dies, until the succession is accepted.
§ - 3 Tutorship to absentees
205 An absentee, in this Code, is a person domiciled in
Quebec who has disappeared without anyone knowing
whether he is still living.
206 A tutor may be appointed to an absentee who has rights
to be exercised or property to be administered, if he has no
attorney or if his attorney is unknown or is unable to act.
The court may appoint the Public Curator.
207 The tutor represents the absentee.

38 PERSONS
He has, with respect to the property of the absentee, the
powers and obligations of a tutor to a minor.
208 Tutorship to an absentee terminates:
1. when he returns;
2. when he confers a power of attorney on any person;
3. by declaratory judgment of absence;
4. upon proof of his death.
209 When an absentee has been absent for seven consecutive
years, any interested person, including the Public Curator,
may obtain a declaratory judgment of absence.
210 An absentee is presumed dead from the time of the
declaratory judgment of absence.
The judgment terminates the marriage of the absentee,
dissolves his matrimonial regime and gives his heirs
possession.
211 After the declaratory judgment of absence is rendered,
any person who has claims against an absentee exercises them
against his heirs.
The heirs are bound only to the extent of their
emolument.
212 If the date of an absentee's death is proven after a
declaratory judgment of absence is rendered, the succession
opens on that date.
The persons who have possession of the absentee's
property must restore to the heirs qualified to inherit at that
time the property in the condition in which it is, what remains
of the price of any property which has been alienated, or any
property acquired with the price.

PERSONS 39
213 If the absentee is proven to have died on a date prior to
that of the declaratory judgment of absence, his matrimonial
regime is dissolved on the date of his death.
214 When an absentee returns, the court, on motion, orders
revocation of the declaratory judgment of absence and the
cancellation of any entries to which the revoked judgment
gave rise.
215 The heirs of the absentee, or the absentee himself if he
returns, recover the property in the condition in which it is,
what remains of the price of any property which has been
alienated, or any property acquired with the price.
216 Any payment made as a result of a declaratory judgment
of absence is valid and constitutes valid discharge.
217 If an heir who has been given possession learns that the
absentee is alive, he retains his rights over the property and
acquires the fruits as long as the absentee does not reappear or
no action has been taken on his behalf.
218 Any person who claims a right accruing to an absentee
must prove that the absentee was living when the right
accrued.
219 If a succession to which an absentee is called opens, it
devolves exclusively to those with whom he would have been
entitled to inherit, or to those who would have inherited in his
stead.
220 Articles 218 and 219 apply without prejudice to any
action for the recovery of an inheritance or any other right,
which belong to the absentee or to his heirs and legal
representatives and which are extinguished only by the lapse
of time required for prescription.

40 PERSONS
Section VI
Measures of supervision applying to tutorship
221 The clerk of the court or the prothonotary immediately
sends the Public Curator a copy of any judgment respecting
the pecuniary interests of a person under tutorship.
222 Any person who intends to enter into a settlement with a
person under tutorship or with that person's tutor must
immediately so advise the Public Curator.
The Public Curator may intervene in the settlement to
ensure that the pecuniary interests of the person under
tutorship are respected.
223 No payment may be made, nor property delivered, to a
person under tutorship or to his tutor, except the proceeds of
his work and customary presents, without prior authorization
from the Public Curator.
224 When tutorship to the property begins, the tutor makes
an inventory of the property subject to the tutorship and
furnishes a surety or another security considered acceptable
by the Public Curator.
225 A tutor must also provide such a surety or another
security before he is given possession of any property payable
to a person under tutorship.
226 If the security is not provided within the period of time
determined by the Public Curator, he may require that the
property be handed over to him, and he administers it until
the conditions provided for in the preceding article are met.
227 No security is required when the total value of the
property administered by the tutor is less than three thousand
dollars or when the property payable to the person under

PERSONS 41
tutorship consists of the proceeds of his work or constitutes a
customary present.
228 The tutor, executor or trustee, as the case may be, makes
an inventory of the property which devolves to a person under
tutorship by gift, succession or will, in accordance with
Articles 913 and following of the Code of Civil Procedure,
account being taken of Article 343 of the Book on Succession.
The inventory must be made within six months following
the death or within thirty days following the gift, as the
case may be.
A copy of the inventory must be sent to the Public
Curator.
229 The obligation to make inventory is imperative.
230 The tutor submits annual financial statements to the
Public Curator, subject to any exemption granted by the
Public Curator, in accordance with the law.
A minor who has reached the age of sixteen may
demand a copy of the statements from his tutor.
231 The financial statement is prepared by a chartered
accountant, in the cases provided by law.
The cost of the audit is borne by the person under
tutorship.
232 The tutor who alienates property worth five thousand
dollars or more must first obtain an assessment certificate,
unless that property consists of shares of stock quoted and
negotiated on the stock market.
The tutor must file the certificate when submitting the
annual financial statements.

42 PERSONS
Juridical acts which are related according to their
nature, their purpose or the time they are entered into,
constitute one and the same act.
233 The Public Curator may audit the tutor's books.
234 The Public Curator may require any document and any
explanation respecting the financial statements sent to him by
a tutor.
235 The tutor must always submit a copy of the final
statement to the Public Curator.
236 The Public Curator may apply for the dismissal of a
tutor who does not execute his obligations.
237 The final statement may be contested in the manner
provided in the Code of Civil Procedure.
238 A tutor who infringes this section, except Articles 225
and 226, is liable to a fine of not less than fifty dollars nor
more than one thousand dollars.
If the offence is repeated, he is liable to a fine of not less
than five hundred dollars nor more than five thousand dollars,
or to imprisonment for six months, or to both.
239 Every person who is required to obtain authorization
from the Public Curator before remitting property which
belongs to a person under tutorship and who fails to obtain
such authorization, is liable to a fine of not less than fifty
dollars nor more than five thousand dollars.
240 Every person who enters into a settlement with a person
under tutorship and has failed to so advise the Public Curator
is liable to a fine of not less than fifty dollars nor more than
five thousand dollars.

PERSONS 43
TITLE THREE
LEGAL PERSONS
CHAPTER I
GENERAL PROVISIONS
241 Legal personality is conferred according to the conditions
provided by law.
242 The deed constituting a legal person must be registered
according to law.
If the deed is not registered, the legal person cannot sue
and its personality cannot be set up against third parties.
243 A legal person has a name which is given to it at its
creation.
This name may be changed according to the procedure
established by law or, failing that, by the statutes of the legal
person.
244 The legal person exercises its rights and executes its
obligations under that name.
Subject to the preceding paragraph, a legal person may
in particular operate an enterprise under a name other than its
own name.
245 The domicile of a legal person is at its head office or, if it
has no head office, at the place of its principal establishment.
246 The internal affairs, the activities and undertakings of a
legal person are governed by law or, in the absence of any
legal provision, by its statutes or by-laws.

44 PERSONS
247 The directors of the legal person act on its behalf in all
matters.
They have all the rights, powers and duties of an
administrator of the property of others entrusted with full
administration.
248 The statutes of a legal person may restrict the objects
pursued by that person, and its sphere of activity, or provide
modalities relating to their exercise.
No person may invoke the nullity of an act performed
by a legal person on the sole ground that the act derogates
from the statutes of that person or its by-laws, subject to the
provisions of law applicable to the publication of real rights.
249 The members of a legal person are personally and
jointly liable for the debts of that person, subject to express
provision of law.
250 In the event of fraud, even when the law restricts the
personal responsibility of the founders, members or directors
of a legal person, the court, on application by any interested
person, may charge the founders, members or directors, or any
of them, with the debts of the legal person, to an amount
deemed equitable.
251 The members cannot be made responsible for the debts
unless it is proven that they participated in the act reproached
or derived personal benefit from it.
The founders and directors are exempted from that
responsibility if they prove that they did not participate in the
act reproached and did not derive benefit from it.
252 No legal person may act as:
1. a tutor to the person;
2. a tutor to the property or a curator, an executor, a

PERSONS 45
judicial sequestrator or a trustee, subject to the provisions
of law;
3. a juror.
253 Meetings of the members of a legal person are held at
the place of its domicile or at the place determined in its
statutes or by-laws.
254 The directors must call an annual meeting of the
members within eighteen months after its creation, and
subsequently within eighteen months after the preceding
annual meeting.
time.
They may call a special meeting of the members at any
255 Notice of the date and place of a meeting of the
members must be sent to each member at least twenty-one
days before that meeting.
This notice must list the matters to be dealt with at the
meeting.
Ordinary business of annual meetings, such as the
examination of financial statements, the auditor's report, the
election of directors and the appointment of the auditor, need
not be mentioned.
256 The directors must keep an alphabetical list of the
members and allow the members and the creditors of the legal
person to consult that list during normal business hours.
257 A majority of the members constitutes a quorum at any
meeting of these members, unless there is provision to the
contrary in the statutes or by-laws.
258 If there is a quorum when a meeting opens, the members
present may carry out the business of that meeting, unless

46 PERSONS
otherwise provided in the statutes or by-laws, regardless of
whether or not there is a quorum throughout the meeting.
259 If there is no quorum when a meeting opens, the
members present may adjourn it to a date and place of their
choice, but they may not deal with any other business.
If there is no quorum at the subsequent meeting, the
members present may deal with the business on the agenda of
the preceding meeting, unless otherwise provided in the
statutes or by-laws.
260 If the legal person is made up of one member only, that
member constitutes a meeting.
261 Members vote by head-count, by a show of hands or,
upon the request of any member, by secret ballot.
262 A written resolution signed by all members has the same
value as one adopted in a meeting of members, and as one
which meets the requirements of this Code respecting meetings
of the members.
A copy of the resolution must be kept with the minutes
of the meetings of members.
263 Three members may request the directors to call a
meeting of the members specifying, in a written notice, the
business to be dealt with during that meeting.
If the directors fail to call a meeting within twenty-one
days after receipt of this notice, any member who signed the
notice may call one.
The costs of calling and holding a meeting called in
accordance with the preceding paragraph are borne by the
legal person, unless the members object to this by resolution
during the meeting.

PERSONS 47
264 The notice calling an annual meeting of the members
must be accompanied by a balance sheet, a statement of
revenue and expenditure for the previous fiscal year, a
statement of the debts and claims and, where applicable, any
draft resolution amending the statutes of the legal person or its
undertaking.
265 Any member may delegate his right to vote to a
mandatary.
The mandate must be in writing.
266 A legal person may exist in perpetuity.
267 In addition to the grounds provided by law, a legal
person is dissolved by:
1. the expiry of the term or the fulfilment of the condition
attached at the time of its creation;
2. the accomplishment of the object for which it was
created, or the impossibility of accomplishing that
object;
3. the consent of all the members;
4. the effect of any cause provided in the statutes or bylaws.
268 In the absence of any express provision in the law or in
the statutes or by-laws of a legal person which has been
dissolved, that person is liquidated under the Winding-up Act,
as far as possible.
The provisions of this article apply, however, only if the
legal person was solvent when it was dissolved. If it was not
solvent, the provisions governing bankruptcy apply.
269 The juridical personality of a legal person continues to
exist until that person is liquidated.
270 Subject to the rights of creditors and third parties, and

48 PERSONS
failing express provision in the law or in the statutes or bylaws
of a legal person concerning the devolution of its
property, the rules governing irregular succession apply.
CHAPTER II
CORPORATIONS
271 A corporation is a legal person which exists in perpetuity
subject to the provisions of the law or of the statutes governing
it and, notwithstanding Article 249, whose members are not
personally responsible for its acts, omissions or debts.
272 A corporation may be created only in accordance with
the formalities prescribed by law.
273 A corporation may have only one member.
274 A member of a corporation is personally responsible for
anything he has promised to contribute.
He may also be personally responsible as a director of
the corporation.
275 The internal affairs and activities of a corporation are
managed exclusively by a board of directors, subject, where
allowed, to any unanimous agreement of the members of the
corporation.
276 The board of directors is made up of at least three
directors.
If there are fewer than three members in the corporation,
however, its board of directors may be made up of only as
many directors as it has members.
277 The directors of a corporation, who make up the board
of directors, are appointed by its members according to the
procedure laid down by law, by the statutes or by the by-laws.

PERSONS 49
The directors need not be members of the corporation.
278 No person may be a director of a corporation if he is:
1. a minor;
2. a person of major age under tutorship or curatorship;
3. notoriously insolvent, or bankrupt.
279 An officer of a bankrupt corporation may not become or
remain a director of another corporation, unless the court
authorizes him to do so.
280 A legal person may be a director of a corporation.
When appointed, it must appoint a permanent representative
who is subject to the same conditions and obligations
and who incurs the same responsibility as if he were a
director in his own right, without prejudice to the solidary
responsibility of the legal person whom he represents.
The legal person which dismisses its representative must
see to his replacement without delay.
281 On motion by any interested person, the court may
forbid any of the following to act as a director of a
corporation:
1. a person found guilty of an indictable offence involving
fraud or dishonesty, whether in relation to a corporation
or not;
2. a person found guilty of an offence, in relation to the
formation, administration or liquidation of a
corporation;
3. a person who repeatedly fails to comply with the law
governing corporations or to execute his obligations as
an administrator of property belonging to another;
4. a person whose behaviour with regard to the administration
of a corporation is dishonest or imprudent.

50 PERSONS
282 The interdiction ordered by the court may not extend for
more than five years after the last act with which the person
concerned is reproached.
If that person has been sentenced to imprisonment,
however, the interdiction may be extended, but not beyond
five years after the term of imprisonment.
283 The court which issued the order for interdiction may
remove the interdiction, on motion by the person concerned
and on conditions considered appropriate.
284 Any person who infringes an order rendered under
Article 281 commits an offence punishable, on summary
conviction, by a fine of not more than five thousand dollars, or
by imprisonment for not more than six months, or by both.
285 No person may be appointed a director of a corporation
without his consent.
No person may imply that another person will be
appointed a director or will act in that capacity without the
consent of that person.
286 A director of a corporation is appointed for not more
than three years.
The mandate is renewable.
287 Not all the directors appointed at the same meeting
need hold office during the same period.
288 A director appointed for an indeterminate period ceases
to hold office at the close of the first meeting of members
which follows his appointment.
289 Notwithstanding Articles 286 and 288, if no director is
appointed at the annual meeting of members, the directors in
office continue to act until their successors are appointed.

PERSONS 51
290 Even if the meeting of members does not appoint the
number of directors required by the statutes or the by-laws,
those directors who are appointed or who remain in office may
act if the quorum required is attained.
291 An act performed by a director or an officer of a
corporation is valid, despite any irregularity in his appointment
or his election or absence of quality.
292 Subject to the law, the statutes or the by-laws of the
corporation, the board of directors may create positions for
officers of the corporation and delegate to those officers the
exercise of powers respecting the internal affairs and the
activities of the corporation.
A director may be appointed to such a position.
The same person may hold more than one position.
CHAPTER III
LEGAL PERSONS IN PUBLIC LAW
293 Public legal persons, except the Crown, are subject to
this Code and to all laws applicable to persons, except as
otherwise expressly provided by law.
The same is true of organizations, partnerships, and
agents or mandataries of the Crown.
294 The Crown must execute its legal and contractual
obligations in the same manner as a person of major age.
The provisions of this Code and of the laws governing
responsibility of persons apply to the civil responsibility of the
Crown, subject to this chapter.
295 The term '' servant of the Crown'' includes in particular:

52 PERSONS
1. a member of the Executive Council;
2. a member of the civil service within the meaning of
Section 2 of the Civil Service Act;
3. a cadet and a member of the Quebec Police Force;
4. an employee.
It does not include a contractor, a corporation which is a
mandatary or agent of the Crown, or the employees of such a
corporation.
296 Notwithstanding Article 294, the Crown is not responsible
for any damage caused when a member of the Executive
Council exercises, or fails to exercise, discretionary power.
297 A servant of a public legal person or of the Crown does
not cease to act in the performance of his duties merely
because he commits an illegal or unauthorized act. or one
which is ultra vires, or because he acts as a peace officer.
298 A recourse in damages against a public legal person,
including the Crown, must be preceded by a notice in writing
stating the damage suffered and the amount of the claim.
This notice is served on the Deputy Attorney-General of
Quebec by registered or certified mail within three months
after the time when the damage occurred.

BOOK TWO
THE FAMILY

THE FAMILY 55
TITLE ONE
MARRIAGE
CHAPTER I
PROMISES OF MARRIAGE
1 No obligation to contract marriage arises from any
engagement or reciprocal promises of marriage.
2 Malicious breach of a promise of marriage entails the
obligation to repair the damage caused.
However, no indemnity is payable for the loss of any
benefits which the marriage might have procured for the
plaintiff.
3 Any promise that a lump sum indemnity will be paid in
the event of a broken promise of marriage is without effect.
4 Gifts made to intended consorts in contemplation of
their marriage may be reclaimed if the marriage does not take
place.
This rule does not apply to presents of little value.
5 The recourses provided for in the event of breach of
promise of marriage must be exercised, on pain of forfeiture,
within one year after the breach, or within one year after the
donor becomes aware of it.

56 THE FAMILY
CHAPTER II
CONDITIONS REQUIRED FOR CONTRACTING
MARRIAGE
6 Marriage requires the free and enlightened consent of
the intended consorts.
7 Free and enlightened consent is the agreement expressed
by a man and a woman to take each other as husband
and wife.
8 A person of major age under tutorship may not contract
marriage.
9 A person may not contract marriage before he is
eighteen years old.
Nevertheless, when an intended consort is sixteen years
of age, a judge may grant a dispensation for serious reasons.
The minor may submit the application alone.
His parents or his tutor if any, and any person who has
de facto custody of him, must be summoned.
10 A second marriage may not be contracted before the
annulment or dissolution of the first.
11 No person may contract marriage with:
1. any of his ascendants or descendants;
2. his brother or his sister, or any of their children in the
first degree.
In cases of adoption, however, the judge may permit a
marriage in the collateral line according to the circumstances.

THE FAMILY 57
CHAPTER III
OPPOSITION TO MARRIAGE
12 Any interested person may oppose the solemnization of
a marriage between persons incapable of contracting it.
The Minister of Justice may do so as well.
13 A minor may oppose a marriage with the authorization
ofajudge.
He may act alone as defendant.
14 The rules of procedure governing opposition are found
in the Code of Civil Procedure.
15 If the opposition is dismissed, the opponent may be
liable for damages, according to the circumstances.
CHAPTER IV
THE SOLEMNIZATION OF MARRIAGE
16 Marriage must be contracted openly, in the presence of
two witnesses, before an officiant recognized by law.
17 Every minister of religion authorized by law to solemnize
marriage and, in the judicial district for which they are
appointed, the prothonotary and each deputy whom he
appoints, are competent to solemnize marriage.
18 No minister of religion may be compelled to solemnize a
marriage to which there is any impediment according to his
religion.
19 The officiant assures himself as to the identity and
marital status of the intended consorts.

58 THE FAMILY
For this purpose, he must obtain:
1. an authentic copy of the act of birth of each consort, or
of the judgment replacing that act;
2. an authentic copy of the judgment authorizing a consort
to marry if that consort is between sixteen and eighteen
years old;
3. an authentic copy of the final judgment dismissing an
opposition to the marriage;
4. an authentic copy of the final judgment and, where
applicable, a certificate to the effect that the judgment is
no longer subject to appeal, when one of the intended
consorts is divorced or his marriage has been annulled:
5. an authentic copy of the act of death of his spouse when
one of the intended consorts is widowed.
If he deems it necessary, he may also require an oath or a
solemn affirmation of two witnesses who know the intended
consorts.
20 The officiant must also inform the intended consorts of
existing community resources in matters of preparation for
marriage, and also of the advisability of a pre-marital medical
examination.
21 A marriage may not be solemnized until twenty days
have passed after the evidence required in Article 19 is
received.
The judge may reduce this period, however, if the
circumstances so justify.
22 At the outset of the marriage ceremony, the officiant
verifies the identity of the intended consorts and assures
himself that all formalities have been completed.
In the presence of the witnesses, he reads Articles 41 and
42 to the intended consorts.

THE FAMILY 59
He requests, and receives from each party personally, a
declaration of their wish to take each other as husband and
wife; he then declares them united in marriage.
23 He draws up the declaration of marriage immediately
and reads it to the consorts and the witnesses.
CHAPTER V
PROOF OF MARRIAGE
24 Marriage is proven by an act of marriage or by the
judgment replacing the act.
Possession of the status of legitimate consorts compensates
for non-compliance with the formalities respecting the
act of marriage.
CHAPTER VI
NULLITY OF MARRIAGE
25 Marriage is absolutely null when contracted:
1. by a person incapable of discernment;
2. by a person of major age under tutorship;
3. by a person already married;
4. by a person less than sixteen years old;
5. in spite of an impediment due to relationship.
26 Nevertheless, a marriage contracted by a consort under
tutorship or incapable of discernment may no longer be
attacked if the consorts have cohabited for one year following
the removal of tutorship or the recovery of discernment.
27 Marriage is relatively null:

60 THE FAMILY
1. when either consort has not given free consent;
2. when either consort has been misled by an error as to the
identity of his spouse;
3. when either consort has been misled by an error as to an
essential characteristic of his spouse, through the fraudulent
practices of the spouse or by a third party, with the
knowledge of that spouse.
Nevertheless, the marriage may no longer be attacked if
there has been continuous cohabitation for one year from the
time the consort acquired complete freedom or became aware
of his error.
28 A simulated marriage may be declared null upon
application by either party.
The action in nullity may no longer be instituted if there
has been continuous cohabitation for one year.
A simulated marriage is one in which one or both parties
go through the formalities of marriage without the intention
of contracting marriage.
29 A marriage contracted by a person who is impotent at
the time of the marriage may be declared null upon application
by either consort.
The action in nullity may no longer be instituted if the
marriage has been consummated.
30 A marriage contracted without judicial dispensation by
a consort between sixteen and eighteen years old may be
declared null upon application by either consort, by the father
or the mother of the consort who has not reached the required
age, or by the person who has de facto or de jure custody of
that consort, although the court may decide according to the
circumstances.

THE FAMILY 61
The action in nullity may no longer be instituted if one
year has passed after the conditions regarding age are
satisfied.
31 A marriage which has not been contracted openly or
before a competent officiant may be declared null upon
application by any interested person, although the court may
decide according to the circumstances.
32 Nullity of a marriage, for whatever reason, never affects
the rights of the children.
33 A consort is presumed to have contracted marriage in
good faith unless, when declaring the marriage null, the court
declares him to be in bad faith.
34 A consort in good faith is entitled to the civil effects of
his marriage once it has been pronounced null.
35 If one consort only was in good faith, he may either take
back his property or apply for liquidation of the matrimonial
regime which is deemed to have existed.
36 A consort in bad faith takes back his property, subject to
the preceding article.
37 A consort in good faith is entitled to the gifts inter vivos
made to him in consideration of his marriage, unless the
matrimonial agreements provide otherwise.
The court, however, may order the payment deferred for
a period of time which it determines.
38 The court may annul or reduce any irrevocable gifts
mortis causa, taking the circumstances of the parties into
account.
39 Nullity of the marriage renders null the gifts made in
consideration of the marriage to a consort in bad faith.

62 THE FAMILY
40 Articles 249 to 258 apply to nullity of marriage.
However, a consort in bad faith loses all right to support.
CHAPTER VII
EFFECTS OF MARRIAGE
Section I
Rights and duties of consorts
41 Consorts have identical rights and obligations in
marriage.
They owe each other fidelity, succour and assistance.
They must live together.
42 The consorts together ensure the moral and material
direction of the family and the education of the children born
of their union.
43 If it is impossible for one consort to manifest his
intention for any reason, or if he cannot do so within the
proper time, the other may act alone in emergencies and for
the current needs of the household.
44 Marriage does not affect the legal capacity of consorts.
Their powers alone can be restricted by their matrimonial
regime and by this chapter.
45 Either consort may give his spouse a mandate to
represent him, even in the exercise of the rights and powers
attributed to him by the matrimonial regime.

THE FAMILY 63
46 The court may confer upon either consort the administration
of the property of his spouse or of the common
property, when the spouse is unable to manifest his intention
or cannot do so within the proper time.
The court fixes the modes and conditions for exercising
the powers conferred.
The court declares the powers withdrawn once it is
established that the judicial mandate is no longer necessary.
47 Consorts contribute towards the expenses of the marriage
in proportion to their respective means.
Each consort may make his contribution by his activity
within the home.
48 A consort who enters into a contract for the current
needs of the marriage assumes alone the obligations for the
whole.
He also commits his spouse to the extent that the spouse
is bound to contribute to the expenses of the marriage.
The spouse is not responsible for the debt, however, if he
informed the other contracting party of his will not to be
liable.
49 The rules in Articles 47 and 48 apply also to de facto
consorts.
In this Code, de facto consorts are those who, although
not married to each other, live together openly as husband and
wife in a continuous and stable manner.
50 A consort may be authorized by the judge to enter alone
into any act for which the concurrence or consent of his spouse
would be required, provided such concurrence or consent

64 THE FAMILY
cannot be obtained for any reason, or the refusal is not
justified by the interest of the family.
The authorization must be special and for a determined
time; it may be amended or revoked.
An act entered into in accordance with this authorization
may be invoked against the spouse, but entails no
personal obligation for him.
51 Under any regime, a consort who has administered the
property of his spouse accounts only for the existing fruits and
not for those consumed before he was put in default to render
an account, unless there is express stipulation to the contrary.
52 If one consort exceeds his powers over the property of
the community or over his acquests, the other may apply for
nullity of the act, unless he has ratified it.
As regards moveable property, however, each consort is
deemed, with respect to third parties in good faith, to have
power to enter alone into acts by onerous title for which the
concurrence or consent of his spouse would be necessary.
Section II
The family residence
53 The consorts choose the principal family residence
together.
Exceptionally, the court may authorize either consort to
take up separate residence for a limited time, and may issue
such orders as are appropriate in the interest of the family.
54 Neither consort may alienate any of his household
furniture used by the family, charge it with a real right or
remove it from the principal family residence, without the
consent of his spouse.

THE FAMILY 65
This provision does not apply, however, to a consort
abandoned by his spouse.
55 A consort who has not consented to an act concerning
any housefold furniture used in the principal family residence
may ask that the act be annulled, unless he has ratified it.
However, no act by onerous title can be annulled if the
other contracting party was in good faith.
56 In the event of separation as to bed and board, divorce
or annulment of marriage, the court may, in the interest of the
family or of either consort, under any regime and according to
the conditions it deems reasonable, attribute to one consort
the ownership of the household furniture which belongs to the
other and is used in the principal family residence.
57 For the purposes of the preceding articles, "furniture"
does not include books, instruments necessary for the practice
of a profession, art or trade, or collections of objects of an
artistic or a scientific nature.
58 No consort who is the lessee of the principal family
residence may, without the consent of his spouse, sublet it,
transfer it or terminate the lease on it before the expiry of the
term agreed upon or provided by law.
59 No consort who owns an immoveable with fewer than
four dwellings, used in whole or in part as the principal family
residence and against which a declaration of residence has
been registered, may, without the consent of his spouse,
alienate the immoveable, charge it with a real right or lease
that part of it reserved for the use of the family.
The same applies to a usufructuary, an emphyteutic
lessee and a person who has a right of use.
60 If no consent is given, an act entered into by the consort
who owns the immoveable or is the usufructuary, lessee or

66 THE FAMILY
emphyteutic lessee of the principal family residence, or has a
right of use over it, may be annulled upon application by his
spouse, unless the spouse has ratified that act.
61 The declaration of residence is made by either consort in
the form of a notarial instrument en minute.
It contains the information necessary for registration.
62 The registration of a declaration of residence is cancelled,
at the request of any interested person, in the cases
provided for in Article 96 of the Book on Publication of
Rights.
63 The court orders the registration of a declaration of
residence cancelled in the cases provided for in Article 99 of
the Book on Publication of Rights.
64 In the case of separation as to bed and board, divorce or
annulment of marriage, the court, according to the conditions
it deems reasonable, may attribute the lease of the principal
family residence to the spouse of the lessee.
The attribution may be invoked against the lessor as
soon as a final judgment is served upon him, without prejudice
to his rights against the original lessee, until the expiry of the
term agreed upon or provided by law.
65 When the immoveable used as the principal family
residence is one upon which either consort or both consorts
have a right of ownership, the court, upon dissolution of the
matrimonial regime by death, divorce, separation as to bed
and board or annulment of the marriage, may attribute, on
conditions which it determines, the right of ownership or
habitation to either consort or, in the case of death, to the
survivor, upon payment of compensation if need be.
66 When the family residence cannot be suitably relocated,
the consort vested with the right by which the principal family

THE FAMILY 67
residence is assured, or his spouse, may request the court to
order suspension of the execution of a judgment of eviction for
a limited time and according to the conditions it considers
reasonable.
Section III
General provisions
67 If the consorts disagree as to the moral and material
direction of the family, the contribution to the expenses of the
marriage, the education of the children or the choice of the
family residence, either of them may apply to the court.
After endeavouring to reconcile the parties, the court
settles the dispute, taking the best interest of the family into
account.
68 This chapter, except Article 47, is imperative and
applies to all consorts, whatever their matrimonial regime.
CHAPTER VIII
MATRIMONIAL REGIMES
Section I
General provisions
69 Any kind of stipulation may be made in a matrimonial
agreement, even some which would be void in any other act
inter vivos, in particular, the renunciation of a succession
which has not yet devolved or the renunciation of the
successoral reserve of a surviving spouse, the gift of future
property, the conventional appointment of an heir, and other
provisions in contemplation of death.
However, all other stipulations contrary to imperative

68 THE FAMILY
provisions of law, or to public order or good morals are
excepted from this rule.
Accordingly, the consorts may not derogate from the
provisions governing the effects of marriage or from those
respecting parental authority, minority and protected persons.
70 The law determines the matrimonial regime, but only if
no special stipulations are made in the matrimonial
agreements.
71 Consorts are subject to the regime of partnership of
acquests unless, before their marriage was solemnized, they
made special agreements by marriage contract.
72 A matrimonial regime, whether legal or conventional,
takes effect between the parties on the day when the marriage
is solemnized.
A matrimonial regime changed during the marriage
takes effect on the day when the act attesting to the change
was homologated.
In neither case may the parties stipulate that it will take
effect on another date.
73 A matrimonial agreement made by a minor not authorized
to marry or by a person under tutorship is absolutely null.
74 No person under curatorship may make a matrimonial
agreement without the assistance of his curator.
An agreement made in violation of this article may be
impugned only by the person under curatorship or by his
curator, and only during the year immediately following the
solemnization of the marriage or the homologation of the
matrimonial agreement, as the case may be.

THE FAMILY 69
75 A matrimonial agreement must be attested to, on pain of
absolute nullity, by a notarial deed en minute before the
marriage is solemnized.
A change made in a matrimonial agreement before the
solemnization of the marriage must be attested to, on pain of
absolute nullity, by a deed made in like form, in the presence
and with the consent of all those whose rights are affected by
the change.
For a modification or suppression of a gift made to
children to be born, such children are represented by the
future consorts.
76 During their marriage, consorts may change their
matrimonial regime and any stipulation made in their matrimonial
agreement and make any change respecting a gift or
the status of specific property, provided the change does not
compromise the interests of the family or the rights of their
creditors.
Gifts made in marriage contracts, including those made
in contemplation of death, may be changed even if they are
stipulated as irrevocable, provided the consent of those who
accepted the gifts or that of their representatives is obtained.
77 The agreements made between consorts under the
preceding article must be attested to, on pain of absolute
nullity, by a notarial deed en minute, and homologated by the
court of their common domicile or of the domicile of either
consort.
78 An act made under Articles 75 and 77 has effect with
respect to third parties, but only after a notice is caused to be
registered by the parties in the central register of matrimonial
regimes.

70 THE FAMILY
This notice states:
1. the surname, given names, and date of birth of each
consort;
2. the surnames and given names of both parents of each
consort, if they are known;
3. the date of the act, and the surname, given names and
domicile of practice of the notary who received it;
4. the date of the act attesting to any matrimonial agreements
which have been changed, and the surname,
given names and domicile of practice of the notary who
received it;
5. the date of the judgment, the number of the file, and the
name of the district and of the court, where need be.
79 Dissolution of a matrimonial regime resulting from a
judgment granting separation as to property, separation as to
bed and board, nullity of marriage, or divorce, has effect with
regard to third parties only after a notice of that judgment,
containing the information required under the preceding
article, is registered in the central register of matrimonial
regimes.
Section II
Partnership of acquests
§ - 1 Composition of the partnership of acquests
80 The property which each consort possesses when the
regime eomes into effect or which he subsequently acquires
constitutes acquests or private property according to the rules
which follow.
81 The acquests of each consort include all property not
declared private property by a provision of this section.

THE FAMILY 71
In particular:
1. the proceeds of his work during the regime;
2. the fruits and income due or collected from all his
private property or acquests during the regime.
82 The private property of each consort consists of:
1. property owned or possessed when the regime comes
into effect;
2. property which accrues to him during the regime by
succession, legacy or gift, and the fruits and income
derived from that property if the testator or donor has so
expressly provided;
3. property acquired by him to replace private property;
4. the rights or advantages which accrue to him as a
contingent owner or as a beneficiary, designated by the
spouse or by a third party, under a contract or plan for a
retirement pension or other annuity, or for insurance of
persons;
5. his clothing, personal linen, decorations, diplomas and
correspondence;
6. the instruments required for his occupation, saving
compensation where applicable.
83 Property acquired partly from private property and
partly from acquests is also private property, saving compensation
in favour of the acquests.
However, if the value of the acquests is equal to or
greater than that of the private property used to acquire this
property, that property becomes an acquest subject to compensation,
even though the cost has not been paid.
The same rule applies to insurance of persons, retirement
pensions and other annuities which a consort may
redeem in advance.

72 THE FAMILY
84 When, during the regime, a consort acquires another
share in property of which he was already privately an
undivided co-owner, this acquired share is also his private
property, saving compensation where applicable.
However, if the value of the acquests used to acquire this
share or several shares in succession is equal to or greater than
half the total value of the property of which the consort has
become the owner, this property becomes an acquest, subject
to compensation.
85 The right of a consort to support, to a disability
allowance, or to any other benefit of the same nature remains
his private property; however, all pecuniary benefits derived
from these are acquests, as are all those that fall due or are
collected during the regime, or are payable at his death to his
heirs and legal representatives.
The same applies to retirement pensions and other
annuities which the holder cannot redeem in advance.
No compensation is due by reason of any amount or
premium paid out of the acquests or the private property.
86 Compensation received as damages for physical or
moral injury to the person, the right to the claims or compensation,
and the actions arising from them, are also private
property.
87 Property acquired as an accessory of or an annex to
private property, and any construction erected on an immoveable
which is private property, remains private, saving
compensation if need be.
However, if the accessory or annex was acquired, or the
construction erected, from acquests, and if its value is equal to
or greater than that of the private property, the whole becomes
an acquest subject to compensation.
88 The same criterion app 4 :
acquired successively.

THE FAMILY 73
However, in this case, the total value of all private
property and acquests used since the first transaction involving
this property must be taken into consideration.
89 The proceeds of any distribution of a capital nature
pertaining to securities which are the private property of one
consort remain his private property.
This rule applies in particular to the proceeds of any
capitalization of reserves or surplus, of share dividends, of any
redemption or prepaid premiums, and any securities acquired
by the exercise of a right of subscription.
However, share dividends and securities acquired under
a right of subscription are private property only subject to
compensation.
90 The pecuniary proceeds of any creative work or of the
total or partial transfer of the right to exploit it are acquests if
they are collected or fall due during the regime.
The right to divulge the work, to fix the conditions of its
exploitation and to defend its integrity remains private
property.
91 All property is presumed to constitute an acquest, both
between the consorts and with respect to third parties.
92 Any property which a consort is unable to prove to be
his private property or acquest is presumed to be held by both
consorts in undivided ownership, half by each.
§ - 2 Administration of property and liability for debts
93 Each consort has the administration, the enjoyment and
the free disposal of his private property and acquests.
He may not, however, without the consent of his spouse,

74 THE FAMILY
dispose of his acquests inter vivos by gratuitous title, with the
exception of modest sums and customary presents.
Consent given by a consort does not have the effect of
binding him personally.
94 The preceding article does not limit the right of a
consort to designate third parties as contingent owners or as
beneficiaries of a retirement pension or other annuity, or of
insurance of persons.
No compensation is due by reason of the sums or
premiums paid out of the acquests if the designation is in
favour of the spouse or of the children of the consort or of the
spouse.
95 Each consort is liable on both his private property and
his acquests for all debts incurred by him before or during the
marriage.
While the regime lasts, he is not liable for the debts
incurred by his spouse, subject to Articles 47 and 48.
§ - 3 Dissolution and liquidation of the regime
96 The regime of partnership of acquests is dissolved by:
1. the death of either consort;
2. a declaratory judgment of absence or of death;
3. a conventional change of regime in accordance with
Articles 76 and following;
4. a judgment which pronounces divorce, separation as to
bed and board, or separation as to property.
97 Each consort retains his private property after the
regime is dissolved.
He may accept or renounce the partition of his spouse's

THE FAMILY 75
acquests, notwithstanding any stipulation to the contrary even
by matrimonial agreements.
98 Acceptance may be either express or tacit.
No consort who has interfered in the management of the
acquests of his spouse after the regime is dissolved may
renounce partition.
Conservatory acts or acts of simple administration do
not constitute interference.
99 Renunciation must be made by notarial deed en minute
or by judicial declaration recorded by the court.
A consort who has not registered his renunciation
within one year following the date of the dissolution is deemed
to have accepted.
100 If a consort renounces partition, the share of his
spouse's acquests to which he would have been entitled
remains vested in that spouse.
However, the creditors of the consort who renounces
partition to the prejudice of their rights may attack the
renunciation and accept the share of the acquests of their
debtor's spouse in the place and stead of that debtor.
In this case, the renunciation is annulled only in favour
of the creditors and only to the extent of the amount of their
claims; it is not annulled in favour of the renouncing consort.
101 A consort who has abstracted or concealed acquests
forfeits his share of them unless his spouse renounces them.
Moreover, he forfeits the benefit of emolument.
102 Acceptance and renunciation are irrevocable.

76 THE FAMILY
103 When the regime is dissolved by death, the heirs of the
deceased consort may accept or renounce the partition of the
surviving spouse's acquests and Articles 97 to 102 apply to
them.
If one of the heirs accepts partition and the others
renounce it, the heir who accepts may take only the portion of
the acquests which he would have had if all had accepted.
104 When a consort dies while still entitled to renounce
partition, his heirs have a further period of one year from the
date of the death in which to register their renunciation.
105 When a consort's acquests are accepted, the property of
his patrimony must first be divided into two masses, one
comprising the private property and the other the acquests.
106 A statement is then prepared of the compensation owed
by the mass of private property to the mass of the consort's
acquests and vice versa.
107 The compensation is equal to the enrichment enjoyed by
one mass to the detriment of the other or to the amount of the
actual expense if it exceeds the enrichment.
108 The enrichment is assessed on the day the regime
dissolves.
However, when the property acquired or improved was
alienated during the regime, the enrichment is valued as of the
day of the alienation.
109 No compensation is due by reason of expenses incurred
solely for the maintenance or preservation of the property.
110 Unpaid debts incurred for the benefit of the private
property give rise to compensation for the resulting enrichment,
as if they had already been paid out of the acquests.

THE FAMILY 77
111 Payment out of acquests of any fine incurred under a
penal provision of the law gives rise to compensation in all
cases.
112 If the statement shows a balance in favour of the mass of
acquests, the consort who holds the patrimony makes a return
to the mass for partition, either by taking less, or in value, or
from his private property.
If the statement shows a balance in favour of the mass of
private property, the consort removes assets from his acquests
up to the amount owed.
113 Once the settlement of compensation has been completed,
the mass of acquests of the consort who holds the
patrimony is evenly divided with the spouse, according to the
rules of this Code governing partition, unless the consort who
holds the patrimony prefers to reimburse his spouse by paying
all or part of what is due.
If, however, the dissolution of the regime results from
the death or absence of the consort who holds the patrimony,
his spouse may require, on payment of any balance, that his
share include the family residence and the household furniture
and any other property forming part of the mass for
partition.
If there is no agreement between the parties, the evaluation
of property for the purposes of applying this article is
made by experts designated by the parties themselves or, in
the absence of designation, by a judge of the Superior Court of
the district of the conjugal domicile.
114 If there is a balance, the court fixes the conditions of
payment, especially that part which may be paid on instalments,
the amount and due dates of payments, and the
interest rate.
115 Dissolution of the regime cannot prej udice the recourse,

78 THE FAMILY
before the partition, of former creditors against all of their
debtor's patrimony.
After the partition, the former creditors may sue the
consort who is their debtor, and also his spouse, for payment
of their claims, but only to the extent of the benefit derived by
that spouse.
116 Each consort, however, has recourse against the other
for one-half of the sums that he has thus been called upon to
pay-
Section III
Community of property
117 The regime of community of moveables and acquests
provided for below is established by a simple declaration
made to this effect in the matrimonial agreement.
The regime may be modified by special clauses.
§ - 1 Community of moveables and acquests
/ - Assets and liabilities of the community of moveables and
acquests
118 The assets of the community consist of:
1. the moveable property which the consorts possess when
the regime comes into effect, and any moveable property
which accrues to them subsequently by gratuitous title
during the regime, provided the donor or the testator
has not provided otherwise, and the fruits and income
derived from that property;
2. the proceeds of the work of the consorts during the
regime, subject to Articles 2 16 and following respecting
reserved property:

THE FAMILY 79
3. the fruits and income derived from the private property
of the consorts;
4. the immoveables which they acquire during the regime,
subject to sub-paragraph 4 of Article 132.
119 Any property is deemed to be an acquest of the community
unless it is established as the private property of one
consort by the application of a provision of law.
120 The private nature of property is established both
between the consorts and with respect to third parties according
to ordinary rules of law.
121 The immoveables which each consort possesses when
the regime comes into effect or which are acquired by
gratuitous title during the regime do not enter into the
community unless the gift is made jointly to both consorts.
122 An immoveable acquired by a consort between the
moment when the matrimonial agreement stipulating community
is made and the moment when the marriage is
solemnized enters into the community, unless it was acquired
in execution of some clause of the contract, in which case it is
governed according to the agreement.
123 If the gift was made to one consort on condition that he
pay the donor's debts, or in payment of a debt owed by the
donor, the immoveable does not enter into the community,
saving compensation or indemnity.
124 An immoveable acquired during the regime in exchange
for another immoveable belonging to one consort does not
enter into the community and is subrogated in the place of the
immoveable so alienated, subject to compensation if there is a
balance.
If, however, the balance exceeds half the value of the
property acquired in exchange, the property enters into the
community, subject to compensation.

80 THE FAMILY
125 When, during the regime, a consort acquires a share of
an immoveable of which he was a private co-owner, the share
so acquired remains his private property, subject to any
compensation to the community, even though the price has
not been paid.
Nevertheless, if he acquires a new share or new shares
successively, using private or community property, the property
remains private if the total value of the private property so
used is equal to or greater than the total value of the
community property; in other cases, the property will be part
of the community, subject to compensation.
126 All rights or advantages which accrue to a consort as a
contingent owner or as a beneficiary designated by the spouse
or by a third party, under a contract or plan for a retirement
pension or for another annuity, or for insurance of persons, are
private property.
127 The proceeds of any distribution of a capital nature
pertaining to securities which are the private property of one
consort remain his private property.
This rule applies in particular to the proceeds of any
capitalization of reserves or surplus, of share dividends, of any
redemption or prepaid premiums, and of any securities
acquired by the exercise of a right of subscription.
However, share dividends and securities acquired by a
right of subscription are private property only subject to
compensation.
128 Property acquired as an accessory of or annex to private
property, and any construction erected on an immoveable
which is private property, remain private, saving compensation
if need be.
If, however, the accessory or annex was acquired, or the
construction erected, from the common property, and if its

THE FAMILY 81
value is equal to or greater than that of the private property,
the whole becomes common property, subject to
compensation.
129 The same criterion applies to accessories or annexes
acquired successively.
However, in this case, the total value of the private
property and community property used since the first transaction
involving this property must be taken into consideration.
130 The right of a consort to support, to a disability
allowance or to any other benefit of the same nature remains
his private property; however, all pecuniary benefits derived
from it are common property if they fall due or are collected
during the regime or are payable at his death to his heirs and
legal representatives.
The same applies to retirement pensions and other
annuities which the holder cannot redeem in advance.
No compensation is due by reason of any amount or
premium paid out of the community property or the private
property.
131 The pecuniary proceeds of any creative work or of the
total or partial transfer of the right to exploit it are community
property if they are collected or fall due during the regime.
The right to divulge the work, to fix the conditions of its
exploitation and to defend its integrity remains private
property.
132 The private property of each consort consists of:
1. his clothing, personal linen, decorations, diplomas, and
correspondence;
2. compensation collected during the regime as damages

82 THE FAMILY
for physical or moral injury to the person, and the right
to the compensation, and the actions arising from it;
3. the instruments required for his occupation, saving
compensation where applicable;
4. property acquired by him to replace private property.
133 The liabilities of the community consist of:
1. all debts, in capital, arrears or interest, contracted by
either consort during the community, in accordance
with the rules provided in Articles 141 to 149;
2. the arrears and interest, but not the capital, of the rents
and debts which are personal to the consorts;
3. the support of the consorts, the education and maintenance
of the children and any other expenses of the
marriage;
4. the debts of each consort when the regime first takes
effect, and those which affect the successions and gifts
which accrue to him during the regime, up to the value
of the property which forms part of the community;
5. the maintenance repairs of the immoveables which do
not form part of the community.
134 Payment of the debts which each consort incurred
before the regime could be set up against creditors may be
sued for out of the property which at that time formed the
pledge of the creditors and also, if the property is insufficient,
out of the common property, so that the distribution of debts
cannot harm the creditors.
The community is entitled to compensation for the
amount of the debts it has paid beyond the value of the
property received.
135 The creditors of the succession may sue for payment out
of all the property of the inheritance and furthermore, in cases
of outright acceptance, out of both the private property of the

THE FAMILY 83
consort who succeeds and the common property, to the extent
specified in Article 136, subject to the respective compensations
when the debt must not remain a charge upon the person
who paid it.
136 If the succession falls to the administrator of the
community, the creditors of the succession may sue for
payment out of his private property and the common
property.
137 If the succession falls to the spouse and he accepts it
outright without opposition on the part of the administrator,
the creditors of the succession may sue for payment out of that
spouse's private and reserved property and out of the common
property.
138 If the succession which falls to the spouse is accepted by
him in spite of opposition by the administrator, the creditors
may sue for payment out of the property of the succession, out
of the consort's private and reserved property, and out of the
property of the community, but only to the extent that the
community has benefited.
The administrator of the community must prove the
extent to which the community has benefited.
139 The creditors of the succession need make no distinction
as to whether or not the property of the succession remains the
private property of the consort who inherits.
140 The rules in Articles 133 and 135 to 139 govern the
debts attached to a gift or a legacy as well as those which result
from a succession.
141 The creditors may sue for payment of the debts contracted
by the administrator of the community during the
regime, not only out of his private property but also out of the
property of the community.

84 THE FAMILY
142 The creditors may sue for payment of the debts contracted
by the spouse without opposition from the administrator,
out of both the property of the community and the
spouse's private and reserved property.
The administrator may oppose any such act entered into
by his spouse within three months after he becomes aware of
it, unless he has already consented to it; the only effect of the
consent of, or absence of opposition from, the administrator to
an act performed by his spouse is to bind the community.
143 The creditors may sue for payment of the debts contracted
by the spouse, in spite of opposition from the administrator,
out of the spouse's private and reserved property.
However, their right to be paid out of the property of the
community is limited to the pecuniary advantage the community
derived from the act of the spouse.
144 A consort common as to property who carries on a trade
or occupation without opposition from the administrator
binds the community for all that relates to the trade or
occupation.
145 A consort who carries on a trade or occupation despite
opposition from the administrator binds the community, but
only up to the amount of the pecuniary advantage that the
community derives from it.
146 In the cases provided for in Articles 138, 142, 143 and
145, third parties are deemed to have been aware of the
opposition of the administrator of the community from the
date on which the administrator files a declaration to that
effect in the office of the prothonotary of the Superior Court of
the district where the succession opened, the administrator is
domiciled, or the trade or occupation is carried on as the case
may be.
147 When, during the regime, the community becomes

THE FAMILY 85
liable for a debt attributable to one of the consorts alone,
payment may not be claimed against the private property of
the other.
When the community is solidarity liable for a debt, it is
deemed attributable to the consorts. However, when one
consort simply agrees to the other incurring the obligation, the
debt of the community is attributable to the other alone.
148 Civil or penal fines incurred by a consort for a criminal
or penal offence, an offence or a quasi-offence, or failure to
fulfil any legal obligation, may be recovered out of the
property of the community.
However, those incurred by the administrator of the
community may not be recovered from the reserved property
of his spouse.
149 The community is entitled to compensation when it is
compelled to pay a debt incurred during the regime by one of
the consorts in his own interest alone.
// - Administration of the community of moveables and acquests,
and effect of the acts of the consorts
150 The consorts may agree that either of them will be the
administrator of the community.
They are presumed to have selected the husband as the
administrator in the absence of any express stipulation in the
marriage contract.
151 The administrator alone manages the property of the
community subject to Articles 157, and 216 and following.
152 The administrator may not hypothecate any immoveable
property of the community, or otherwise alienate it
by onerous title without the consent of his spouse.

86 THE FAMILY
However, without this consent he may sell, alienate or
hypothecate any moveable property other than a business
concern or the household furniture used by the family.
153 Without the consent of his spouse, he may not dispose of
the property of the community by gratuitous title inter vivos,
except modest sums and customary presents.
154 The consent given by the spouse of the administrator
never has the effect of committing him personally with respect
to his private or reserved property.
155 Articles 150 to 154 do not restrict the right of the
administrator of the community to designate third parties as
contingent owners or as beneficiaries of a retirement pension
or other annuity, or insurance of persons.
No compensation is due by reason of the sums or
premiums paid out of the property of the community if the
designation is in favour of the spouse or of the children of the
administrator or of his spouse.
156 An administrator is subject to the same obligations as
the administrator of the property of another where applicable.
157 A consort may not bequeath more than his share of the
community to the detriment of the other.
The bequest of an object which belongs to the community
is subject to the rules applicable to the bequest of a thing
only partly owned by the testator.
If the thing is included in the testator's share and is in
his succession, the legatee is entitled to all of it.
158 The community owes compensation to the consort who
owns private property whenever it has benefited financially
from the property.

THE FAMILY 87
Conversely, a consort who owns private property owes
compensation to the community whenever his property has
benefited financially from the property of the community.
159 Reinvestment is perfect with respect to the consort
whenever, at the time of the acquisition, he declares he is
making the purchase with the proceeds from the alienation of
private property, or for the purpose of replacing it. In the
absence of a declaration, the private nature of the property
may nevertheless be proven by any means.
When the price of the property acquired exceeds the
sum invested or reinvested, the community is entitled to
compensation. However, if the amount of the compensation is
equal to or greater than half the price, the property acquired
becomes part of the community, subject to compensation,
even if the price has not yet been paid.
The same rule applies to insurance of persons and to
retirement pensions and other annuities which the consort
may redeem in advance.
160 If the consorts have jointly bestowed a benefit on their
child, without stipulating the proportion they intended to
contribute, they are presumed to have intended to contribute
equally, whether the benefit has been furnished or promised
from the property of the community or from the private
property of one of them; in the second case, this consort is
entitled to recover from the property of the other, half of what
he has provided, with due consideration for the value of the
property at the time of the gift.
/// - Dissolution of the community
161 The regime of community is dissolved for the same
reasons as those provided in Article 96 for dissolution of the
regime of partnership of acquests.

88 THE FAMILY
IV - Acceptance of the community
162 After the community is dissolved, the spouse of the
administrator, or his successors, may accept it or renounce it.
Any agreement to the contrary is without effect.
163 The spouse of the administrator who has interfered with
the management of the property of the community may not
renounce it.
Conservatory acts or acts of simple administration do
not constitute interference.
164 The spouse of the administrator who has assumed the
quality of common as to property may not renounce it or be
relieved of this quality unless there has been fraud on the part
of the administrator's heirs.
165 Within three months after the death of the administrator,
the surviving spouse must have an inventory made of the
property of the community, in the presence of the heirs of the
administrator or after they have been duly summoned.
The inventory must be made in notarial form en minute.
166 However, the spouse of the administrator may renounce
the community without inventory when:
1. the community was dissolved during the lifetime of the
administrator;
2. the heirs of the administrator are in possession of all the
property;
3. an inventory has been made at the request of the heirs of
the administrator or was made shortly before his death;
4. there has recently been a seizure and general sale of the
property of the community or it has been established by
an official return that none existed.

THE FAMILY 89
167 Apart from the three months allowed the spouse of the
administrator to make the inventory, he has a forty-day period
in which to deliberate upon acceptance or renunciation; this
period begins when the three months expire or when the
inventory closes if it has been completed before the end of the
three months.
168 The spouse of the administrator must make his renunciation
within the three-month and forty-day periods, in a deed
in notarial form en minute or by a judicial declaration
recorded by the court.
169 If the spouse does not register his renunciation within
one year after dissolution, he is deemed to have accepted.
170 If the spouse of the administrator is sued as common as
to property, he may obtain from the court, according to the
circumstances, an extension of the periods established in the
preceding articles.
171 If the spouse of the administrator has not made the
inventory or his renunciation within the periods prescribed or
granted, he is not automatically precluded from so doing; on
the contrary, he is allowed to do so as long as he has not
interfered or acted as being in community; he may be sued as
being in community until he has renounced, and is responsible
for the costs incurred against him until his renunciation.
172 If the spouse of the administrator has abstracted or
concealed any property of the community, he is declared to be
in community, notwithstanding his renunciation.
The same rule applies to his heirs.
173 If the spouse of the administrator dies before the three
months have expired and without making or completing the
inventory, the heirs have a further period of three months
from the death of the spouse to make or complete it, and forty
days to deliberate after the closing of the inventory.

90 THE FAMILY
If the spouse dies after completing the inventory, the
heirs have a further period of forty days after his death to
deliberate.
Moreover, they may always renounce the community in
the forms established with respect to the spouse of the
administrator, and Articles 170 and 171 apply to them.
174 The creditors of the spouse of the administrator may
impugn any renunciation made to the detriment of their
rights, and may accept the community in their own right.
In this case, the renunciation is annulled only in favour
of these creditors and up to the amount of their claims. It is not
annulled in favour of the consort who has renounced.
175 Whether the spouse of the administrator accepts or
renounces, during the periods provided or granted for the
inventory or deliberation, he owes no rent for his occupation
of the house where he remains after the death of the administrator,
whether the house belongs to the community or the
heirs of the deceased or is held under lease; in the last case,
the spouse of the administrator does not contribute to the rent
during these periods; the rent is taken out of the mass.
176 When the community is dissolved because the spouse of
the administrator has died before him, his heirs may renounce
within the period and in the forms prescribed by law with
respect to the surviving consort, although they are not
required to make an inventory for that purpose.
V - Partition of the community
111 After acceptance of the community by the spouse of the
administrator or by his heirs, each consort or his heirs takes
back the private property which has not become part of the
community, if it exists in kind, or any property substituted for
it.

THE FAMILY 91
Then, the mass of the community, its assets and liabilities,
is liquidated.
178 A statement is prepared, for each of the consorts, of any
compensation which he owes to the community or which it
owes him.
179 The compensation is equal to the enrichment of one
mass at the expense of the other or to the amount of the actual
expense if it exceeds the enrichment.
180 The enrichment is assessed on the day the regime
dissolves.
However, when the property acquired or improved has
been alienated during the regime, the enrichment is assessed
on the date of the alienation.
181 No compensation is due by reason of expenses incurred
solely for the maintenance or preservation of property.
182 If the account discloses a balance in favour of the
community, the consort pays the amount into the mass of the
community.
If it discloses a balance in favour of the consort, he
demands payment or pretakes common property in advance
up to the total of the amount owed.
183 Pretakings are made first against the cash, then against
the moveables, and subsidiarily against the immoveables of
the community.
In the last two cases, the person who pretakes has a
choice of the property in each category.
184 The administrator's pretakings are made after those of
his spouse.

92 THE FAMILY
185 The administrator may make his reprises only against
the property of the community.
If the community is insufficient, the spouse makes his
reprises against the private property of the administrator.
186 Compensation owed by or to the community bears
interest of right from the date the regime is dissolved.
187 After the pretakings have been made and the debts paid
from the mass, the remainder is divided equally between the
consorts or their representatives.
188 If the heirs of the spouse of the administrator are
divided, so that one has accepted the community and the
others have renounced, the heir who has accepted may take,
from the property which falls to the lot of the spouse, only that
portion which he would have had if all had accepted.
The remainder belongs to the administrator, who is still
responsible, to the heirs who have renounced, for the rights
which the spouse could have exercised in the event of
renunciation, but only to the amount of the hereditary share of
each heir who has renounced.
189 Partition of the community, with respect to form,
licitation, effects, guarantees resulting from it, and the
payment of balances, is subject to the rules governing partition
in the Book on Succession.
190 A consort who has abstracted or concealed property
belonging to the community forfeits his share of this property
unless his spouse renounces it.
191 After the partition, if one of the consorts is the personal
creditor of the other, as when the price of his property has
been used to pay a personal debt of the other, or for any other
purpose, he makes his claim on the share of the community
allotted to his debtor or on the debtor's private property.

THE FAMILY 93
192 Personal claims which the consorts exercise against each
other bear interest only according to the rules in the Book on
Obligations.
193 Gifts made by one consort to the other are not taken
from the community, but only from the donor's share or from
his private property.
194 After the partition, each consort may be sued for the full
amount of outstanding debts that are liabilities of the community
attributable to him.
195 Each consort may be sued for only one-half of the debts
that are liabilities of the community attributable to his spouse.
Nevertheless, he is bound only to the extent of the
benefit he derives from the community.
196 Between themselves, the consorts each contribute half
the debts of the community for which no compensation is
owing, and half the expenses for seals, inventories, sales of
moveable property, liquidation, licitation and partition.
A consort bears alone any debts which only became
liabilities of the community subject to compensation by him.
197 A consort who may avail himself of the second paragraph
of Article 195 only contributes to the debts of the
community attributable to his spouse to the extent of the
benefit he derives, unless they are debts for which he himself
would have owed compensation.
198 A consort who has paid a greater portion of a debt than
the amount for which he was bound under the preceding
articles has no recourse against the creditor to recover the
excess, unless the receipt indicates his intention to pay only to
the extent of his debt.
However, he has a recourse against his spouse.

94 THE FAMILY
199 A consort who, by the effect of a hypothec upon an
immoveable that has fallen to his share, is sued for the whole
of a debt of the community, has of right recourse against the
other consort or his heirs for one-half the debt.
200 The preceding articles do not preclude any clause in the
partition obliging one of the consorts to pay a share of the
debts other than that determined above, or even to pay all the
debts, without prejudice to the rights of third parties.
201 When the community is dissolved, the heirs of the
consorts exercise the same rights and are subject to the same
obligations as the consorts they represent.
VI - Renunciation of the community and its effects
202 If the spouse of the administrator renounces, he may not
claim any share in the property of the community, not even in
the moveable property he brought into it.
203 The spouse who renounces the community takes back:
1. his private property or property that has been acquired
in replacement;
2. the price of his private property that has been alienated
or any money received in replacement and not invested
or reinvested;
3. any compensation that may be due to him from the
community.
204 The spouse who renounces is freed from any contribution
to the debts of the community, with respect to both the
administrator and the creditors.
He remains bound, however, by all debts personally
assumed.
205 He may exercise all the rights and reprises enumerated

THE FAMILY 95
above against both the property of the community and the
private property of the administrator.
His heirs may do the same except with regard to lodging
and maintenance during the periods allowed for the inventory
and deliberation.
§ - 2 Principal clauses that may modify the community of
moveables and acquests
/ - The community reduced to acquests
206 When the consorts stipulate that there will be only a
community of acquests between them, they are deemed to
exclude from the community all their property and debts
existing when the regime begins, as well as those they acquire
later as private property.
In this case, and after each consort has taken his duly
justified contributions, the partition is restricted to the
acquests made by the community.
II - The right to take back free and clear what was brought into
the community
207 The spouse of the administrator may stipulate that, in
the event of renunciation of the community, he may take back
all or part of what he brought into it, either at the beginning of
the regime or subsequently; this stipulation, however, may
not extend beyond things formally specified, or to the benefit
of persons other than those named.
In all cases, the contributions may be taken back only
after deduction of the private debts of the spouse of the
administrator which would have been paid by the community.
/// - Clauses by which unequal shares in the community are
assigned to the consorts
208 Consorts may depart from the equal division established

96 THE FAMILY
by law, by giving one of them a share less than half the
community, by giving him a fixed sum, or by attributing the
entire community to him.
209 In the event of unequal partition, each consort bears the
debts of the community in proportion to his share in the assets.
Any agreement which obliges the consort whose share is
so reduced to bear a greater share, or exempts him from
bearing a share in the debts equal to what he takes from the
assets, has no effect.
210 A stipulation that gives one of the consorts only a fixed
sum as his share in the community is a definitive agreement
obliging the consort to pay the agreed sum, whether the
community is in a good or a bad position, and whether or not
the community is sufficient to pay the sum.
211 If the clause establishes the definitive agreement solely
with regard to the heirs of one of the consorts, that consort, if
he survives, is entitled to partition by halves.
212 If the entire community is attributed to the administrator,
he pays all the debts.
heirs.
The creditors have no recourse against the spouse or his
213 If the entire community is attributed to the surviving
spouse of the administrator, he may accept it, and remain
responsible for all the debts, or renounce it and leave the
property and charges to the heirs of the administrator.
214 When the consorts stipulate that the entire community
will be attributed to one of them, the heirs of the other may
take back from the community the contribution of the person
they represent.

THE FAMILY 97
IV - Community by general title
215 Consorts, by their marriage contract, may establish a
universal community of their property, moveable and immoveable,
present and future, of all their present property
alone, or of all their future property alone.
§ - 3 Reserved property
216 The income from the personal work of the spouse of the
administrator and the moveable and immoveable property he
acquires by investing that income are reserved to his administration,
enjoyment and free disposal.
217 However, without the consent of the administrator, the
spouse of the administrator may not hypothecate or otherwise
alienate the immoveables by onerous title, or alienate or
hypothecate any business concern or household furniture used
by the family.
218 The spouse of the administrator may not dispose of
reserved property, by gratuitous title inter vivos, except modest
sums or customary presents, without the consent of his spouse.
219 The consent given by the administrator never has the
effect of committing him personally with respect to his private
property.
220 Articles 216 to 219 do not restrict the right of the spouse
of the administrator to designate third parties as contingent
owners or as beneficiaries of a retirement pension or other
annuity, or of insurance of persons.
221 No compensation is due by reason of the sums or
premiums paid out of the reserved property if the designation
is in favour of the spouse or of the children of the administrator
or of the spouse.

98 THE FAMILY
222 The creditors of the spouse of the administrator may sue
for payment of their claims out of the reserved property.
The creditors of the administrator or of the community
may also do so for debts contracted in the interest of the
household.
223 Reserved property is included in the partition of the
community.
224 If the spouse of the administrator renounces the community,
he keeps the reserved property free and clear of all debts
other than those for which it was liable under Article 222.
The same applies to his heirs and successors in the direct
descending line.
225 If the spouse of the administrator or his heirs without
distinction accept the community and the spouse of the
administrator has disposed of the reserved property, even by
onerous title, but in fraud of the rights of the administrator or
his heirs, any reserved property so alienated or its value on the
date the community is dissolved must be restored to the
community.
226 Notwithstanding any agreement to the contrary, the
spouse of the administrator remains subject to the obligation
to contribute out of his reserved property to the expenses of the
marriage, in the proportion established in Article 47.
Section IV
Separation as to property
§ - 1 Conventional separation as to property
227 The regime of conventional separation as to property is
established by a simple declaration to this effect in the
marriage contract.

THE FAMILY 99
228 Under the regime of separation as to property, each
consort has the administration, enjoyment and free disposal of
his moveable and immoveable property.
229 Property over which neither consort can establish his
right of ownership is presumed to be held by both in undivided
ownership, half by each.
§ - 2 Judicial separation as to property
230 Under the regime of partnership of acquests or of
community, either consort may obtain separation as to
property when the regime appears to be contrary to his
interests or to those of the family.
231 Separation as to property judicially obtained has a
retroactive effect between the consorts to the day the application
was made.
232 The creditors of the consorts may not apply for separation,
even with the consent of the consort who is their debtor.
233 The creditors of a consort may intervene in the action
for separation to contest it.
They may also institute proceedings against separation
as to property that has been pronounced or executed in fraud
of their rights.
234 Dissolution of the partnership of acquests or of the
community effected by separation as to bed and board or by
separation as to property alone does not give rise to the rights
of survivorship, unless the contrary has been stipulated in the
marriage contract.

100 THE FAMILY
CHAPTER IX
DISSOLUTION OF MARRIAGE
235 Marriage is dissolved by:
1. the death of either consort;
2. a declaratory judgment of the death of either consort;
3. a declaratory judgment of the absence of either consort;
4. divorce.
CHAPTER X
SEPARATION AS TO BED AND BOARD, AND
DIVORCE
Section I
General provision
236 In matters of separation as to bed and board, of divorce
and of homologation of an agreement in the event of de facto
separation, the court considers the condition, needs and
means of the consorts, the agreements made between them,
and their circumstances.
Section II
Agreements in cases of de facto separation
237 In the event of a de facto separation, the consorts may
make agreements relating in particular to custody of the
children, expenses of the marriage, and support, subject to
Articles 76 and 77.
238 No such agreement is valid, however, unless attested to
in writing and homologated by the court.

THE FAMILY 101
The court may refuse to homologate an agreement
which it considers contrary to the interest of the family or of
one of the parties.
239 The court may amend a homologated agreement with
the consent of both parties, or on application by either party,
whenever circumstances justify this.
Section III
Grounds for separation as to bed and board and for divorce
240 Separation as to bed and board or divorce is granted
when a marriage breaks down.
241 A marriage is deemed to have broken down when:
1. a consort has seriously failed to execute an obligation
resulting from the marriage;
2. the consorts have lived apart for at least three years
immediately before the application was submitted,
because one consort has decided to cease cohabitation,
is incurably ill, or has been condemned to prison
following a criminal offence;
3. the consorts have lived apart by mutual agreement for at
least one year immediately before the application was
submitted and agree to separation as to bed and board
or to divorce.
242 Separation as to bed and board or divorce is granted
when one consort has not known the whereabouts of his
spouse for three years immediately preceding his application,
and has been unable to locate him for the whole of that time.
243 Separation as to bed and board or divorce is granted,
upon application by either consort, after at least one year of
cohabitation, if the marriage is not consummated by reason of
illness or disability.

102 THE FAMILY
244 Proof of marriage breakdown must be made before the
court.
The admission of one party is admissible, but the court
may require additional evidence.
Section IV
Conciliation
245 Before the court rules on the merits of the case in matters
of separation as to bed and board or of divorce, it must
ascertain that attempts at conciliation have been made in
accordance with the rules of the Code of Civil Procedure.
246 The court adjourns proceedings for separation as to bed
and board or for divorce until a date it indicates, if it appears
that:
1. the parties may be reconciled or may conciliate their
differences;
2. separation as to bed and board or divorce would be
prejudicial to the conclusion of any reasonable arrangement
to ensure the maintenance of the children or of
either consort;
3. adjournment can avoid serious damage to either consort
or to any of their children.
At the same time, the court may appoint a competent
person to conciliate the parties; it may also make such interim
orders as it considers useful.
247 No proceedings are terminated by reconciliation unless
an agreement to that effect is signed by both parties and
entered in the file.
Nevertheless, either consort may institute another
action for any cause arising after the reconciliation; in this

THE FAMILY 103
case, he may avail himself of the previous causes in support of
his new application.
248 If, in dismissing an application for separation as to bed
and board or for divorce, the court considers temporary
separation favourable to renewed cohabitation, it may allow
the consorts to live apart for a fixed period.
Section V
It then makes any accessory orders it sees fit.
Provisional measures
249 An application for separation as to bed and board or for
divorce releases the consorts from the obligation to live
together.
250 The court may order either consort to leave the family
residence during the proceedings.
It may also authorize either consort to retain temporarily
certain household furniture which until that time had been
in common use.
251 The court may decide as to the custody and education of
the children, and as to visiting rights.
It determines the contribution payable by each consort
to the maintenance of the children during the proceedings.
252 The court may order either consort to pay the other an
appropriate amount, particularly interim support and an
allowance to cover legal costs.

104 THE FAMILY
Section VI
Accessory measures
253 The court, in ordering separation as to bed and board or
divorce, disposes of any accessory applications, particularly
those respecting custody and education of the children,
visiting rights, support due to the spouse, and the contribution
of each consort toward maintenance of the dependent children,
even those of major age.
254 The court may order that the sums granted as support to
the spouse and to the children be paid to the spouse himself or
to a trustee in periodic instalments which may be replaced or
completed by one or more lump sums.
255 The court, on application by a consort who is separated
or divorced, may also decide on similar measures after the
judgment ordering separation or divorce is rendered.
256 The court, in granting a divorce or subsequently, may,
according to the circumstances, declare extinguished the right
of the former consorts to claim support from each other.
257 Except in the case considered in the preceding article,
any provisional or accessory measures ordered by the court
may be reviewed whenever any new fact so justifies.
258 Review may be made notwithstanding appeal.
If the appeal is allowed, the judgment pronouncing
upon the application for review falls, subject to a new
application.

THE FAMILY 105
Section VII
Effects of separation as to bed and board and of divorce
259 Divorce breaks the bond of marriage; divorced consorts
may remarry.
260 Separation as to bed and board does not break the bond
of marriage; neither consort may remarry while the other is
alive.
Separation releases the consorts from the obligation to
live together.
261 Divorce carries with it dissolution of the matrimonial
regime; separation as to bed and board carries with it
separation as to property where applicable.
262 Divorce and separation as to bed and board produce
their effects on the day when the judgment is pronounced.
263 Neither divorce nor separation as to bed and board
affects the rights of the children.
264 When the court grants a divorce or a separation as to
bed and board, it rules on gifts where applicable.
Neither divorce nor separation as to bed and board
affects any gifts inter vivos between consorts, unless the
contract provides to the contrary.
However, the court may order payment of these gifts
deferred for a period it determines.
The court may also annul or reduce any irrevocable gifts
mortis causa, taking account of the circumstances of both
parties.

106 THE FAMILY
265 The effects of separation as to bed and board cease upon
reconciliation and reunion of the consorts.
The consorts remain separate as to property, however,
unless they avail themselves of Articles 76 and following.

THE FAMILY 107
TITLE TWO
FILIATION
CHAPTER I
FILIATION BY BLOOD
Section I
Establishment of filiation
266 If a child is born during a marriage, or within three
hundred days after the dissolution or annulment of the
marriage, the husband of the child's mother is presumed to be
the father.
The de facto consort of the mother of a child born
during the de facto union is presumed to be the father.
267 The presumption of the husband's paternity is rebutted
if the child is born more than three hundred days after the
judgment ordering separation as to bed and board, unless
there has been reconciliation. •
268 If a child is born less than three hundred days following
the dissolution or annulment of a marriage, but his mother
marries again within this period, the mother's second husband
is presumed the father of the child.
269 If paternity cannot be determined by applying the
preceding articles, paternal filiation of a child may be established
by voluntary acknowledgment of paternity or by
judgment.
270 Paternity is acknowledged by a declaration made by a
man that he is the father of the child.

108 THE FAMILY
271 Maternity is acknowledged by a declaration by a
woman that she has given birth to the child.
272 Acknowledgment of paternity or of maternity constitutes
proof against the person who made it.
273 Acknowledgment also constitutes proof as regards third
parties if it is indicated on the act of birth or made by a person
who has contributed towards the maintenance or education of
the child.
Acknowledgment of paternity also constitutes proof as
regards third parties if the mother declares it to be truthful;
acknowledgment of maternity constitutes proof as regards
third parties if consistent with the attestation of delivery or if
the father declares it to be truthful.
274 Acknowledgment of paternity or of maternity has no
effect if it contradicts an established filiation which has not
been successfully contested in court.
Section II
Disavowal and contestation of paternity
275 The presumed father may disavow the child.
The mother may also contest the paternity of the
presumed father.
276 Any means of evidence which can establish that the
husband or the de facto consort is not the father of the child is
admissible.
277 An action for disavowal or for contestation of paternity
must be instituted within one year after the child is born.
However, this period begins to run against the husband
or the de facto consort on the day when he learns of the birth.

THE FAMILY 109
278 The recourse is directed against the child and against
the mother or the presumed father, as the case may be.
A minor is represented by an ad hoc tutor appointed by
the court to which the case has been referred.
279 If the presumed father or the mother dies before expiry
of the period for disavowal or for contestation of paternity, the
right of action is not extinguished.
The heirs must exercise this right, however, within six
months after the death.
280 When a child has been conceived through artificial
insemination, either by the husband or the de facto consort, or
by a third party with the consent of both consorts or both de
facto consorts, no disavowal or contestation of paternity is
admissible.
281 When a child has been conceived through artificial
insemination by a third party, that party may never claim
paternity of the child.
Section III
Proof of filiation
282 Paternal and maternal filiation are proven by the act of
birth.
In the absence of that act, uninterrupted possession of
status is sufficient.
283 Possession is established by any adequate combination
of facts which indicate the relationship of filiation between the
father or the mother and the child.
284 No person may claim a status contrary to that assigned

110 THE FAMILY
him by his act of birth and the possession of status consistent
with that act.
Subject to Article 275, no person may contest the status
of a person whose possession of status is consistent with his act
ofbirth.
285 Any interested person may contest the status of a person
whose possession of status is not consistent with his act of
birth.
286 However, no person may contest the status of a person
because that person was conceived through artificial
insemination.
287 Proof of filiation may be made by testimony when there
is neither an act of birth nor uninterrupted possession of
status, or if the child has been registered under a false name or
with no mention of the name of the mother or of the father.
Testimony is not admissible, however, unless there is a
commencement of proof.
288 Any means of evidence is admissible to contest an action
concerning filiation.
289 If a person unjustifiably refuses to undergo a blood test
ordered by the court, the judge may draw a presumption of
fact from that refusal.
290 If a child dies without establishing his status, his heirs
may establish it within three years after his death.

THE FAMILY HI
Section IV
Effects of filiation
291 All children whose filiation is established have the same
rights and obligations with regard to their father and mother
and to the families of their parents.
CHAPTER II
ADOPTION
Section I
Conditions for adoption
292 No adoption may take place except in the interest of the
child and on the conditions prescribed by law.
293 The following persons may adopt;
1. consorts living together;
2. the spouse of the child's father or mother;
3. consorts separate as to bed and board, consorts separated
de facto, or divorced consorts, provided they had
adopted the child de facto before the separation or
divorce;
4. any other person of major age.
294 If one of the persons adopting dies after the motion for
adoption is presented, the hearing may be continued and the
adoption granted.
295 If the person adopting is widowed and it is clearly
established that his deceased spouse had intended to adopt a
child, the court may grant adoption with regard to the person
adopting and his deceased spouse.

112 THE FAMILY
296 A person adopting must be at least eighteen years older
than the person adopted, unless the person adopted is the
child of the spouse of the adopting parent.
The court may dispense with this requirement, however,
in the interest of the child.
297 A minor may be adopted if:
1. his parents have consented to the adoption or
2. he has been judicially declared eligible for adoption.
298 The father and the mother must both consent to the
adoption if the filiation of the child is established with regard
to both of them.
If either parent is deceased, is unable to express his will,
or is deprived of parental authority, the consent of the other
parent is sufficient.
299 If the filiation of the child is established with regard to
only one of his parents, that parent alone consents to the
adoption.
300 The tutor to the person may consent to the adoption of
the child if neither of the child's parents is in a position to do
so.
301 Neither the parents nor the tutor of a child may consent
to his adoption, except after consultation with, and in the
presence of, a professional duly authorized for the purpose by
a social service centre.
During the interview, the professional must give the
father, mother or tutor, as the case may be, a form of the kind
provided for in the schedule, explaining his or her rights.
302 Consent to adoption entails delegation of parental

THE FAMILY 113
authority to the social service centre or to the person to whom
a child is given to be placed for adoption, as the case may be.
303 The father, mother or tutor may withdraw his or her
consent to adoption within thirty days following the date
when the consent was given.
The withdrawal is made in writing and addressed to the
social service centre or to the person to whom the child has
been given to be placed for adoption.
The child must then be returned without formality or
delay to the person who made the withdrawal.
304 If a child is returned to either of his parents or to his
tutor, even after the thirty days expire, his return is equivalent
to withdrawal of consent.
305 The father, mother or tutor who has not withdrawn
consent within thirty days may apply to the court, within
ninety days after the consent to adoption, to have the child
returned. This time period is compulsory.
306 The court in particular may authorize conditional return
of the child to either of his parents or to his tutor for a period
determined by it.
In this case, it orders a social service centre to ensure
supervision of the child, and when the fixed period expires, the
return becomes final, unless the report is unfavourable.
307 The following may be declared eligible for adoption:
1. a child whose paternal filiation and maternal filiation
have not been established within three months after his
birth;
2. a child who has neither a father nor a mother;
3. a child whose care, maintenance or education has not in

114 THE FAMILY
fact been assumed by either his father or his mother for
more than six months;
4. a child whose father or mother, in the opinion of a
psychiatrist appointed by the court, suffers from a
mental illness which renders that parent unfit to take
care of the child, and whose other parent does not in fact
assume his care, maintenance or education;
5. a child whose father and mother have been deprived of
parental authority.
308 No application for a declaration of eligibility for
adoption may be made except by the social service centre or by
any person who has received the child.
309 Withdrawal of consent to adoption does not constitute
grounds for irreceivability of an application for a declaration
of eligibility for adoption if either parent or the tutor has not
in fact resumed charge of the child.
310 Before declaring a child eligible for adoption, the court
ascertains that it is unlikely that the child's father, mother or
tutor will resume custody of him and assume his care,
maintenance or education.
311 When declaring a child eligible for adoption, the court
confers parental authority on the social service centre or on the
person entrusted with custody of the child.
312 No person of major age may be adopted except by the
persons who had adopted him de facto when he was a minor.
The court, however, may dispense with this requirement
in exceptional cases.
313 If the child is ten years old, adoption may not take place
without his consent, unless he is unaware of his de facto
adoption and his usual behaviour towards the person adopting
may be interpreted by the court as tacit consent.

THE FAMILY 115
However, when a child less than fourteen years old
refuses to give his consent, the court may defer adoption for a
period of time which it indicates, or grant adoption notwithstanding
the refusal.
314 Refusal by a child fourteen years old is a bar to
adoption.
315 The consent provided for in the preceding articles must
be in writing.
It is valid even when the person who gives it is not of
major age.
Section II
Placement for adoption and judgments
316 A child whose parents or tutor have consented to his
adoption, or who has been judicially declared eligible for
adoption is placed for adoption when he is in fact entrusted to
a person who wishes and is authorized by law to adopt him.
317 Any person other than a social service centre who places
a child for adoption must, within ten days after the child is so
placed, advise the social service centre at the place where that
person has his domicile, and the Minister of Social Affairs.
318 Subject to Articles 303 and 305, no child may be
returned to his original family once he has been placed for
adoption.
Likewise, filial relationship may not be established
between a child placed for adoption and his parents by blood.
319 If placement for adoption terminates, or if the court
refuses to grant the adoption, the effects of the placement
cease.

116 THE FAMILY
320 As long as a child is placed for adoption, he is under the
supervision of the social service centre.
321 Adoption of a minor may not be granted unless he has
lived with the person adopting for at least six months
immediately preceding presentation of the motion, and unless
a written report from a social service centre has been filed.
The report contains an assessment of the qualifications
and aptitudes required of the person adopting to raise the
child suitably, and of the manner in which the child has been
treated by the person adopting and by that person's family.
The court may require any other evidence it deems
necessary.
Section III
Effects of adoption
322 Adoption has effect from the date of the final judgment
granting it.
323 In the case provided for in Article 294, the adoption has
effect upon presentation of the motion.
324 Adoption confers on the adopted person a filiation
which replaces his original filiation.
The person adopted ceases to belong to his original
family, subject to any impediments to marriage.
325 Adoption creates, between the person adopting and the
adopted person, the same rights and obligations as exist
between parents and their children.
An adopted person also has the same rights and obligations
with regard to the family of the person adopting as a
child whose filiation is established.

THE FAMILY 117
326 Where a child is adopted by the spouse of his father or of
his mother, the court, where applicable, may decide that the
child will retain his successoral rights in his original family.
327 In the same cases, the court may grant visiting rights to
members of the original family if it finds this favourable to the
interest of the child.
The court may amend this measure at any time.
328 Adoption by the spouse of the father or mother of a
child does not break the bond of filiation established between
the adopted person and the parent whose spouse is the person
adopting.
329 Subject to Articles 326, 327 and 328, the parents, tutor
or guardian of the adopted person lose their rights and are
discharged from their duties established by law regarding that
person, save, where applicable, the obligation to render
account.
330 When a second application for adoption is granted, the
effects of the preceding adoption terminate, save with respect
to acquired rights.
Section IV
Confidentiality, offences, and penalties
331 All court files, records of social service centres, and
documents respecting adoption sent to the Minister of Social
Affairs or the Public Curator are confidential, notwithstanding
any law to the contrary.
332 No person may have access to or obtain extracts from
them unless, upon motion by a person who establishes an
interest compatible with the best interest of the adopted
person, the court which rendered the judgment of adoption

118 THE FAMILY
authorizes that person to do so in a written judgment deposited
in the files.
333 A person who knowingly infringes any provision of this
section respecting the confidential nature of any proceedings
or of any record of adoption, or violates the secrecy of the
proceedings or record, is guilty of an offence and liable, on
summary conviction, in addition to payment of the costs, to a
fine not exceeding one thousand dollars or to imprisonment
for not more than one year, or to both penalties together.
334 A person who gives or receives, or agrees to give or
receive, directly or indirectly, any payment, benefit or reward
for the adoption of a child, or with a view to procuring a child
for any person or to assisting in placing a child for adoption, is
guilty of an offence and liable, on summary conviction, in
addition to payment of the costs, to a fine not exceeding two
thousand five hundred dollars, or to imprisonment for not
more than two years, or to both penalties together.
The preceding paragraph does not apply to contributions
made to a social service centre.
This article does not apply when a person related to a
child pays or agrees to pay sums of money for the care,
maintenance or education of the child to the person adopting
or to any person with whom the child is placed for adoption.
335 A person who places a child for adoption and fails to
give the Minister of Social Affairs or the social service centre
the notice provided for in Article 317 is guilty of an offence
and liable, on summary conviction, in addition to payment of
the costs, to a fine not exceeding two hundred dollars.

THE FAMILY 119
TITLE THREE
THE OBLIGATION OF SUPPORT
336 An obligation of support exists between:
1. consorts;
2. relatives in the direct line.
337 Divorced consorts and persons whose marriage has been
annulled owe each other support, unless the court decides
otherwise.
338 De facto consorts owe each other support as long as they
live together.
However, if exceptional circumstances justify it, the
court may order a de facto consort to pay support to his spouse
once they no longer live together.
339 Proceedings for the support of a minor may be instituted
by his father, mother or tutor, or by any person or institution
who or which has custody of him.
340 Support is awarded in proportion to the needs of the
person who claims it and the means of the person who owes it.
After the plaintiff proves the extent of his needs, the
defendant bears the burden of proving that he is unable to
meet them.
341 The court may award provisional support for the
duration of the proceedings to the person entitled to it.
342 Support is payable in periodic instalments which may be
replaced or completed by one or more lump sums, on conditions
which the judge deems reasonable, having regard to the
circumstances.

120 THE FAMILY
343 The court may order a person who owes support to
furnish security, beyond the judicial hypothec, for payment of
that support.
Notwithstanding Article 368 of the Book on Property, it
may also order that any property of the person who owes
support be affected by the judicial hypothec, and appoint a
person to be put in possession of the property.
344 If the debtor offers to take the person entitled to support
into his home, he may be dispensed from paying all or a part
of the support, if circumstances so justify.
345 The creditor may exercise his recourse against one of the
debtors or against several of them simultaneously.
The debtor who has not been sued may be impleaded.
346 The court fixes the amount of support to be paid by each
of the debtors, taking account of the circumstances.
The debtor who has been ordered to pay has a recourse
against a debtor who has not been impleaded.
347 Support awarded by judgment may be reviewed whenever
circumstances so justify.
The review may be made notwithstanding appeal; if the
appeal is allowed, the judgment pronouncing upon the
application for review falls, subject to a new application.
348 Support cannot be transferred or seized, except as
regards debts for support.
It may be seized, however, by any person who has
provided the recipient of the support with the necessities of life
or has paid debts for support on behalf of the recipient.

THE FAMILY 121
349 Support may be claimed only for the twelve months
preceding the application.
Arrears of support granted by judgment are prescribed
by three years.
The debtor from whom these arrears are claimed may
plead a change in his condition or in that of his creditor after
judgment.

THE FAMILY 123
TITLE FOUR
PARENTAL AUTHORITY
350 Every child is subject to the authority of his parents until
he becomes of age.
351 Authority is vested in parents so that they may execute
their obligations towards their children.
352 Every child, regardless of his age, owes respect to his
parents.
353 Parents have the rights and duties of custody, supervision
and education of their children.
They must maintain their children.
They represent them in all civil acts.
354 Parents exercise parental authority together, unless it
has been judicially attributed to one of them.
If either parent dies, or if for any reason he is not able to
express his will, the other parent exercises the authority.
355 A parent who performs alone an act of authority
concerning the person of a child is presumed, with regard to
third parties in good faith, to be acting with the consent of the
other parent.
356 Parents may entrust other persons with the custody,
education or supervision of their children, subject to the
parents' right to resume it at any time.
357 Either parent may refer to the court any question
relating to the exercise of parental authority.

124 THE FAMILY
The court then orders any measures it deems
appropriate.
358 Parents may not disrupt any personal relationship
between their child and his grandparents, except for serious
reasons.
In the absence of agreement between the parties, these
relationships are determined by the court.
In exceptional circumstances, the court may grant
correspondence rights or visiting rights to other persons,
whether or not they are related.
359 A parent who is found guilty of a criminal offence
against the child's person, who seriously neglects his duties
towards the child, or who manifestly misuses his authority,
may be deprived of all or part of his parental authority.
360 A child alone, or any interested person including the
Minister of Justice, may submit a motion for deprivation or
withdrawal.
The motion must be served on both parents.
361 Deprivation entails for either parent loss of the right to
parental authority and, for the child, exemption from the
obligation to provide support.
It extends to all minor children already born at the time
of the judgment, unless the court decides otherwise.
362 The court which orders deprivation appoints a person to
exercise parental authority.
363 In lieu of deprivation, the court may order partial
withdrawal of the rights derived from parental authority.
It appoints a person to exercise these rights, if necessary.

THE FAMILY 125
364 Withdrawal entails partial loss of the right to parental
authority; the loss is restricted to the attributes specified by
the court.
The father or the mother retains authority over the child
and exercises the attributes of that authority consistent with
the application of the measure ordered by the court.
Withdrawal affects only the child with respect to whom
the application is made.
365 The child retains all his rights with regard to that parent
who has been deprived of authority or whose rights have been
withdrawn.
366 A parent who has been deprived of his rights, or some of
whose rights have been withdrawn, may have all or some of
the rights which had been withdrawn from him restored,
provided he alleges new circumstances, subject to the provisions
governing adoption.
367 If the health, safety or development of a child is in
danger, or if the conditions of his education are seriously
compromised, the court, either proprio motu or on a motion
submitted by the child alone or by any interested person
including the Minister of Justice, may order all protective
measures deemed appropriate, even during the proceedings.
368 The court must keep the child in his family home, to the
extent that this is possible.
If the child must be removed from his home, the court
may entrust him to the parent who did not have custody of
him, to a member of the family, to a trustworthy third party, to
a foster home, or to a reception centre.
369 Whenever any protective measure is taken with regard
to a child, the court appoints a qualified person or an
appropriate service to assist and advise the family of the child

126 THE FAMILY
and, where applicable, the person entrusted with him and to
follow his development, and to submit periodic reports to the
court.
370 The court, at any time, either proprio motu or on a
motion by the child alone or by any interested person
including the Minister of Justice, may amend or revoke any
judicial decision concerning the person of a child.

BOOK THREE
SUCCESSION

SUCCESSION 129
TITLE ONE
PROVISIONS COMMON TO EVERY
SUCCESSION
CHAPTER I
GENERAL PROVISIONS
1 A succession devolves by death alone.
2 A succession devolves at the domicile of the deceased.
3 An heir is a person to whom an intestate or a testamentary
succession devolves.
A testamentary heir is also called a legatee; an heir to
an intestate succession is also called a legal heir.
4 In determining succession, the law considers neither the
origin nor the nature of property.
All the property constitutes a single inheritance which is
transmitted and divided according to the same rules or as
directed by the deceased.
CHAPTER II
QUALITIES REQUIRED TO INHERIT
5 Only persons who it is certain exist at the time the
succession devolves may inherit.
6 When several persons entitled to inherit from each other
die and it is not possible to determine which one survived the
other or others, they are deemed to have died simultaneously.
The succession of each devolves to those heirs who

130 SUCCESSION
would have been entitled to receive it in place of the persons
who so died.
7 The following persons are unworthy of inheriting, and,
as such, are excluded from the succession:
1. a person found guilty of making an attempt on the life of
the deceased;
2. a person found guilty of cruelty, injury or serious offence
with regard to the deceased;
3. a person who has concealed, altered or destroyed the
will of the deceased without the testator's knowledge;
4. a person who has hindered the deceased in the writing,
amendment or revocation of his will;
5. a person deprived of parental authority over his child,
with respect to that child's succession.
8 Only an heir who has an interest may invoke the
unworthiness of another heir.
9 The demand must be made within one year after the
death or within one year from the day when the plaintiff heir
could have become aware of the cause of unworthiness.
10 Unworthiness cannot be invoked against an heir who
benefits from a will made by the deceased, if he knew the cause
of the unworthiness and the identity of the unworthy person.
11 An unworthy heir who has received property from a
succession is considered an apparent heir and deemed a
possessor in bad faith.
12 Descendants of an unworthy heir are not excluded from
the succession by reason of the fault of the heir.
13 Consorts do not inherit from each other if they are
separate as to bed and board and have not been reconciled, or

SUCCESSION 131
if they are divorced, unless otherwise provided in a subsequent
will.
14 A consort in good faith inherits from his spouse if the
marriage is annulled after the death of the spouse.
CHAPTER III
TRANSMISSION OF SUCCESSION
15 When an heir under an intestate succession inherits, he
is seized of right of the property of the deceased, subject to the
provisions regarding administration of successions.
He is responsible for the debts and charges, in accordance
with Title Two.
16 The Crown in right of the province is not seized of right,
but must be put in possession judicially.
17 Legatees by any title are also seized, by the death of the
testator or by the event which gives effect to the legacy, of the
property bequeathed, in the condition in which it then is,
along with all necessary accessories which are part of it, or of
the right to obtain payment of and to institute any action
resulting from the legacy, without being obliged to obtain
legal delivery.
They have possession thereof, subject to the testamentary
provisions regarding administration of the succession.
18 A petition to inherit is subject to a twenty-five-year
prescription, from the opening of the succession, unless the
heir is deprived of his right to inherit before that period
expires.
19 An apparent heir must return to the true heir everything
he has received from the succession.

132 SUCCESSION
20 Acts of administration, and acts of alienation by onerous
title to the benefit of a third party in good faith, performed
by an apparent heir, may be set up against the true heir.
Subject to the rules governing publication of immoveable
rights, acts of alienation by gratuitous title performed
by an apparent heir may not be set up against the true
heir.
21 An apparent heir in good faith must restore to the true
heir only the price he has received from the alienation, or the
property acquired through reinvestment of the price.
22 An apparent heir in bad faith must pay the true heir the
value, at the time the judgment is rendered, of the property
alienated; he is also responsible for damages, where
applicable.

SUCCESSION 133
TITLE TWO
INTESTATE SUCCESSION
CHAPTER I
DEVOLUTION OF SUCCESSIONS
23 There are two kinds of intestate succession: regular
successions, which devolve by law to a spouse and to relatives,
and irregular successions, which, in the absence of a spouse
and of relatives, devolve to the Crown in right of the province.
Section I
Regular succession
24 Regular successions devolve to the spouse, descendants,
ascendants and collaterals of the deceased, in the order and
according to the rules determined below.
25 Successions devolve to relations by reason of ties of
blood or of adoption, whether or not these ties result from a
marriage.
26 Proximity of relationship is established by the number
of generations.
27 Each generation forms one degree.
The succession of degrees forms the line.
28 The direct line is the succession of degrees between
persons who descend one from another.
The collateral line is the succession of degrees between
persons who do not descend one from another, but who
descend from a common ancestor.

134 SUCCESSION
29 The direct descending line connects a person with his
descendants; the direct ascending line connects him with his
ancestors.
30 In the direct line, the number of degrees is equal to the
number of generations between the heir and the deceased.
31 In the collateral line, the number of degrees is equal to
the number of generations between the heir and the common
ancestor, and between the common ancestor and the deceased.
Section II
Representation
32 Representation is a fiction of law the effect of which is to
attribute to a representative the place, degree and rights of the
person represented.
33 There is no limit to representation in the direct descending
line.
Representation is allowed whether the descendants of a
child of the deceased compete with his other children, or
whether the descendants are in equal or unequal degrees in
relation to each other.
34 Representation does not take place in favour of ascendants;
the nearest in each line excludes the more distant.
35 In the collateral line, representation always takes place
in favour of the descendants of the brothers and sisters of the
deceased, whether they compete with the brothers and sisters
or whether they are in equal or unequal degrees in relation to
each other.
36 Representation takes place when the person represented
has died previously or simultaneously, when he is unworthy,
or when he has been declared absent.

SUCCESSION 135
37 No person who has renounced a succession may be
represented, but he may represent the person whose succession
he has renounced.
38 In all cases where representation is accepted, partition is
effected by roots.
If one root has several branches, subdivision is also
made by roots in each branch, and the members of the same
branch share among themselves by heads.
39 In addition to what he must return, the representative
must return to the succession of the deceased that which the
person represented would have had to return, even if he
renounced the succession of the represented person.
Section III
Order of devolution of succession
40 When there is no issue, a consort inherits alone from his
spouse, even if the spouse is a minor.
41 When a deceased leaves descendants, the succession
devolves to his spouse, who may opt to inherit the ownership
of half the succession or the usufruct of all of it.
The descendants inherit the remainder.
42 De facto consorts inherit from each other in the same
way as married consorts, even if the deceased has descendants,
but without a reserve share.
However, de facto consorts do not inherit from one
another when one of them has a spouse who can inherit.
43 If there is no spouse, the children or their descendants
inherit alone from their ascendants.

136 SUCCESSION
44 Descendants who are all of the same degree and in their
own right inherit in equal portions and by heads.
When all or some of them come by representation, they
inherit by roots.
45 If there are no spouse and surviving issue, half of the
succession devolves to the parents of the deceased or to his
surviving parent, and the other half devolves to his brothers
and sisters or to their descendants.
46 If there are no spouse, descendants and brothers and
sisters or their descendants, the entire succession devolves to
the parents of the deceased, or to the surviving parent.
47 Parents inheriting from their deceased children share
equally.
If only one of them inherits, he also receives the share
which would have devolved to the other.
48 When there are no spouse, issue or parents, the entire
succession devolves to the brothers and sisters of the deceased,
or to their descendants.
49 The share which devolves to the brothers and sisters is
divided among them equally, provided they are all born of the
same union.
If they are born of different unions, the portion is
divided in half between the paternal line and the maternal line
of the deceased: persons fully related by blood partake in both
lines and those half related by blood partake each in his own
line.
If the brothers and sisters or their descendants are in one
line only, they inherit the entire succession to the exclusion of
all relations in the other line.

SUCCESSION 137
50 When there are no spouse, issue, parents, brothers or
sisters or their descendants, one-half of the succession devolves
to the other ascendants and one-half devolves to the
other collaterals.
When there are no ascendants, the other collaterals
inherit the entire succession.
When there are no collaterals, the other ascendants
inherit the entire succession.
51 The share devolving to the ascendants of the deceased,
other than his parents, is divided in half between the ascendants
in the paternal line and those in the maternal line.
The ascendant most closely related takes the portion
accruing to his line, to the exclusion of all others.
Ascendants of the same degree succeed by heads in the
same line.
52 The share which devolves to the collaterals other than
the brothers and sisters and their descendants is divided in
half between the closest collaterals in the paternal line and
those in the maternal line.
53 Among these collaterals, the closest in each line excludes
all the others.
Those who are of the same degree share by heads.
54 If there are no relations within the degree qualified to
inherit in one line, the relations in the other line inherit the
entire succession, whether they are ascendants or collaterals.
55 Relations beyond the twelfth degree do not inherit.

138 SUCCESSION
Section IV
Irregular succession
56 If there are no spouse and no relations within the degree
qualified to inherit, the Crown in right of the province inherits
the succession.
The Crown is only liable for debts not exceeding the
assets of the succession.
57 The Crown obtains possession in the manner prescribed
in the Code of Civil Procedure.
58 When the prescribed rules and formalities have not been
complied with, the regular heirs, if any appear, may claim the
property, or damages.
CHAPTER II
THE SPOUSES RESERVED SHARE
Section I
Attribution of the reserve
59 A spouse by marriage is entitled to a reserve upon
inheriting.
The reserve, which constitutes a successoral right, is a
share, as determined below, of the mass established in
accordance with Articles 65 and 66.
Any derogatory provision is without effect, unless
contained in a marriage contract.
60 When the deceased leaves no children, the reserve is
one-half in ownership.

SUCCESSION 139
When he leaves children, the reserve is one-quarter in
ownership.
61 A spouse with a reserve may not demand payment of the
reserve in kind, except in the case provided for in Article 194.
62 The reserve of the spouse may be replaced by the legacy
of a life usufruct, or of the exclusive benefit of a trust of the
entire mass, as determined according to Articles 65 and 66, in
his favour, if the deceased leaves no children, or of half of the
mass, if he leaves children, provided there are no conditions
attached to the legacy.
Section II
Disposable portion and reduction of gifts and legacies
63 Liberalities made by the deceased, either inter vivos
during the three years preceding his death or mortis causa,
which affect the reserve, may be reduced at the time the
succession devolves, according to the conditions and in the
manner determined below.
The same applies to gifts whose term is the death of the
donor, even if they are made more than three years before the
death.
64 Only the spouse with a reserve, or his heirs, may apply
for reduction.
The creditors of the deceased may not apply for such a
reduction or benefit from it.
65 To determine whether a reduction is applicable, a mass
is formed of all the property of the succession.
Once the debts are deducted, the property which has
been disposed of by gift under Article 63 is fictitiously added

140 SUCCESSION
to the mass, according to its condition at the time of the gift
and its value at the time of the death.
The amount which could have been disposed of by the
deceased is calculated out of the whole.
66 A liberality in usufruct, in trust or as a life annuity is
counted in terms of its capital value at the time of the death.
Money payable under a retirement pension or other
annuity or under a contract of insurance of persons is also
included in the mass if it would have been included in it had
no contingent owner or beneficiary been designated in the
three years preceding the death.
67 Unless they have been manifestly exaggerated with
regard to the means of the disposer, the cost of food, maintenance,
education and apprenticeship, the usual installation
expenses, wedding costs and customary presents are not
included in the mass described in Articles 65 and 66.
68 An alienation made with no obligation to repay, or with
a reserve of usufruct, benefiting a descendant, is presumed to
be a gift.
A spouse with a reserve who has consented to the
alienation may not apply to have it reduced.
69 An alienation, hypothec or charge granted by the
deceased in return for a counterpart out of proportion with the
value of the property at the time of the grant is presumed to be
a gift, insofar as the value exceeds the price actually paid.
70 Gifts inter vivos are reduced only when the value of all
the property included in testamentary dispositions has been
exhausted. If such a reduction is applicable, it is made
beginning with the most recent gift, going from the most
recent to the first.

SUCCESSION 141
Money exigible by a designated beneficiary under an
insurance contract is deemed a legacy for the purposes of
establishing the order and mode of reduction.
71 When the value of the gifts inter vivos exceeds or is equal
to the disposable portion, the legatees cannot receive their
legacies.
72 When the testamentary liberalities exceed either the
disposable portion or that part of the portion remaining after
the value of the gifts inter vivos is deducted, the legacies are
reduced pro rata, unless the testator has provided to the
contrary, without distinction between universal legacies and
particular legacies, nor, with regard to particular legacies,
between legacies of sums of money and legacies of specific
things.
73 The testator may determine, in particular, an order of
preference for payment of the legacies, or prescribe the order
or proportion of the reduction.
74 Reduction of gifts inter vivos may not be claimed in
kind.
It applies only to the value of the property given which
exceeds the disposable portion.
75 Any excess must be paid at the time of partition.
However, if the object of the gift is an immoveable, or a
professional, commercial, industrial or other entreprise, a term
may be granted for payment of all or part of the amount due,
in accordance with the conditions determined in Article 199.
The same applies if the gift concerns household furniture
which has been used by both the deceased and the
donee.

142 SUCCESSION
76 The sum which the donee must pay in order to fulfil the
reserve bears interest from the time of the death.
Section III
Imputation of liberalities made to spouses
77 A legacy made to a spouse with a reserve is deducted
from the reserve.
The spouse must also deduct from his reserve any gifts
mortis causa made by marriage contract, and any money
payable to him under insurance contracts entered into by the
deceased.
78 A gift stipulated to be an advance on the inheritance of a
spouse with a reserve is deducted from his reserve.
A gift made to a spouse with a reserve, with a stipulation
that it is not to be included in his share of the succession, is not
deducted from his reserve unless it was made within three
years preceding the death.
CHAPTER III
CONTINUATION OF THE OBLIGATION OF
SUPPORT
79 The persons to whom the deceased owed support may
claim support from their debtor's succession, even though
they may be heirs and even though the right to support had
not actually been exercised before the death.
80 Support must on pain of forfeiture be claimed within six
months after the death.
81 Support is paid only out of the net assets of the succession,
after the reserve is deducted
82 The provisions of the

SUCCESSION 143
the obligation of support apply as far as possible to the
obligation of support governed by this chapter.
CHAPTER IV
ACCEPTANCE AND RENUNCIATION OF
SUCCESSION
Section I
The right of option and the prior right to take inventory and
to deliberate
83 No one is bound to accept a succession which devolves
to him.
84 Any succession may be accepted either purely and
simply or with benefit of inventory.
85 The succession which devolves to a person under
tutorship may be accepted by the tutor only with benefit of
inventory unless the succession obviously shows a deficit, in
which case he may renounce.
86 Acceptance or renunciation prior to the time the succession
devolves has no effect, unless made in a marriage
contract.
87 The heir may not be compelled to make a decision until
six months from the time the succession devolves to him.
No judgment may be obtained against the heir as such
during this period, unless he has made his acceptance evident.
88 Even after the expiry of the period determined in the
preceding article, the heir retains the right either to accept
with benefit of inventory or to renounce, provided he has not
performed any act entailing his pure and simple acceptance,

144 SUCCESSION
or provided no judgment having the force ofres judicata has
been rendered against him as a pure and simple heir.
89 After the expiry of the period provided in Article 8 7, and
on proceedings instituted by any interested person, a judgment
may be rendered against the heir as a pure and simple
heir, unless the court grants him an additional period.
An heir who has neither renounced nor accepted with
benefit of inventory before the expiry of the period granted
him by the court is deemed to have accepted the succession
purely and simply.
90 When a spouse is deemed to have accepted a succession,
and descendants are involved, he may claim only a share in
ownership.
91 If the heir has not been sued and has neither accepted
nor renounced within five years from the day he became aware
of his right to inherit, he is deemed to have renounced his right
to inherit.
92 Whenever the person to whom a succession devolves
dies without having made a decision, his heirs may exercise
the option in his stead.
Each heir exercises his right of option separately with
regard to his share.
To do so, the heirs have a new six-month period
beginning when their predecessor dies.
93 Acceptance or renunciation may be impugned by the
heir on the grounds provided in the Book on Obligations,
particularly if a will is discovered which was unknown when
the heir made his choice.
94 When an heir accepts a succession with benefit of
inventory, or renounces, within the period provided in Article

SUCCESSION 145
87, the lawful expenses incurred before the acceptance or
renunciation are borne by the succession.
When the acceptance with benefit of inventory, or the
renunciation, takes place only after the period expires, the
court may decide that those expenses will also be chargeable
to the succession.
95 Any interested person may apply to the court to have
seals affixed, an inventory made, a sequestrator appointed, or
any other order rendered which is necessary to preserve his
rights.
96 Conservatory measures benefit all the creditors and
heirs of the deceased and create no right of preference among
them.
Saving the case provided for in Article 131, when the
moveable property of the succession has been the object either
of conservatory measures or of seizures or other measures of
execution, no payment may be made out of the moveable
property to the creditors and legatees of the deceased before
the expiry of three months from the day the measure was
ordered.
In the event of alienation of moveable property, the
right of the creditors and legatees may be exercised against the
price as long as it remains unpaid.
97 The costs of seals, inventory and accounting are chargeable
to the succession.
The same applies to costs of security to be furnished by
the beneficiary heir, when so ordered unless he is guilty of a
fault.
98 Any heir or creditor may consult the inventory and may
obtain a copy of it at his own expense.

146 SUCCESSION
99 Letters of verification may be obtained whenever an
intestate succession devolves in Quebec and includes property
situated elsewhere, or debts due by persons not residing in
Quebec.
The procedure in such a case is governed by the Code of
Civil Procedure.
Section II
Pure and simple acceptance
100 Acceptance renders irrevocable the transmission of a
succession which takes place of right at the time of death.
101 Acceptance is express or tacit.
102 Acts respecting custody of the property of a succession,
and particularly payment of funeral expenses and of the costs
incurred during the final illness, do not alone entail acceptance
of the succession.
Acts rendered necessary by exceptional circumstances,
which the heir has performed in the interest of the succession,
do not entail acceptance.
103 If a succession includes moveable property that is
perishable or costly to preserve, the heir may sell it by mutual
agreement, and no acceptance on his part may be inferred.
104 An heir who transfers his rights in a succession by
gratuitous or onerous title is deemed to have accepted the
succession.
The same rule applies with respect to:
1. renunciation, even by gratuitous title, in favour of one or
more of his coheirs;

SUCCESSION 147
2.renunciation, even in favour of all his coheirs without
distinction, when he receives payment for his
renunciation.
105 An heir who has abstracted or concealed property of a
succession and, in particular, who knowingly and in bad faith
has failed to include the property in the inventory, is deemed a
pure and simple heir, notwithstanding any renunciation or
acceptance with benefit of inventory, without prejudice to the
penalties and recourses provided in this Code.
106 An heir who claims to have relieved the administrator of
the succession or the testamentary executor of his obligation to
make inventory is ipso facto deemed to have accepted the
succession.
Section III
Renunciation
107 An heir who has not accepted a succession may renounce
it.
108 Except in the case provided for in Article 91, renunciation
of a succession may not be presumed.
109 Renunciation is effected by notarial deed en minute or
by a judicial declaration which is recorded by the court.
110 An heir who renounces is deemed never to have been an
heir.
The succession devolves as if the person renouncing had
never existed.
111 If the person renouncing is the sole heir in his degree or
if all coheirs renounce, their descendants come in their own
right and inherit by heads.

148 SUCCESSION
112 Until the term in Article 91 expires, an heir who has
renounced a succession may still accept it, unless it has
already been accepted by another person entitled to it.
Acceptance is made by notarial deed en minute or by
judicial declaration, which is recorded by the court.
The heir takes the succession in the state in which it then
is, and without prejudice to the rights acquired by third parties
to the property in it.
113 If a person renounces to the prejudice of the rights of his
creditors, the court may authorize them to accept the succession
in the place of their debtor.
The creditors may also be authorized to accept the
succession if their debtor has fraudulently allowed the term
specified in Article 91 to expire.
In both cases, their action must be instituted within
three years following the renunciation, or following expiry of
the term provided for in Article 91.
114 The acceptance has effect only in favour of creditors
who have applied for it, and only up to the amount of their
claims.
It has no effect in favour of the heir who has renounced.
Section IV
Acceptance with benefit of inventory
115 Acceptance with benefit of inventory is made by notarial
deed en minute.
116 An heir who accepts with benefit of inventory is never
excluded by one who offers to accept purely and simply.

SUCCESSION 149
117 An heir forfeits the benefit of inventory if he confounds
the property of the succession with his own, except to the
extent that they were already confounded before the death, as
in the case of cohabitation.
118 An inventory of the property of the succession must be
made before or after acceptance with benefit of inventory.
119 The beneficiary heir who has not already done so must
make an inventory within two months of his acceptance,
unless the court grants him another term; failing this, he is
deemed to have accepted purely and simply.
120 The inventory must include a faithful and accurate list
of all property of the succession, subject to the following
reservations:
1. the personal effects, clothing, furniture and other objects
in current use by the deceased need not be listed or
described individually, unless they include items whose
fair market value at the time of death exceeds one
thousand dollars; these must be listed individually;
2. universalities, such as commercial and other enterprises,
their accessories and the rights attached to them are
validly described if the reference made is sufficient for a
bulk sale, provided, however, that each immoveable is
identified individually.
121 Notice of closure of the inventory must be registered
where the succession devolved.
It must indicate the place where interested persons may
consult the inventory.
122 The beneficiary heir is not bound to provide security,
unless the court so orders on motion by any interested person,
who must establish the need for such a measure.
If the security so ordered is not provided, the court,
according to the circumstances, may order that the heir forfeit

150 SUCCESSION
the benefit of inventory or that he be deprived of the custody
and administration of the property of the succession.
The court may also make any appropriate order in
deciding upon the motion.
123 The effect of benefit of inventory is to give the heir the
advantage of:
1. not confounding his personal property with that of the
succession, and retaining the right to demand payment
of his claims against the succession;
2. being held liable for the debts of the succession only out
of the property he has received.
Apart from the cases mentioned in Articles 143 and 144,
the creditors of the deceased have no action against the
personal property of the heir.
124 The beneficiary heir administers the succession.
In this respect, subject to this section, he has the rights
and obligations of an administrator of the property of another
entrusted with simple administration.
He is accountable for his administration to the creditors
and to his coheirs.
125 The beneficiary heir realizes the property of the succession
to the extent necessary to discharge the claims and the
legacies.
126 Before the beneficiary heir disposes of the property of
the succession, he must make his quality known by a public
notice, in accordance with Article 920a of the Code of Civil
Procedure.
This notice is sent to those heirs and creditors of the
succession whose existence is known to the beneficiary heir.

SUCCESSION 151
127 The beneficiary heir may not make any payment to the
creditors or legatees before the expiry of two months following
the notice.
128 Except in the cases mentioned in Article 103, a beneficiary
heir who disposes of moveable property must proceed in
the manner prescribed by Articles 921 and 922 of the Code of
Civil Procedure.
If he produces the property in kind, he is liable only for
the depreciation or deterioration caused by his negligence.
129 The beneficiary heir may not alienate immoveable
property except in case of need or of obvious advantage.
He must then proceed in the manner prescribed by
Articles 922a to 922f of the Code of Civil Procedure.
130 A beneficiary heir of major age who has alienated
property of the succession without complying with the
requirements of Articles 126 to 129 forfeits the benefit of
inventory.
131 If after two months creditors or legatees have made
themselves known to the heir, or there are any actions, seizures
or contestations by or between the creditors and the legatees,
the heir may make payments only in the order and in the
manner prescribed by the court, unless there is agreement
among all interested parties.
132 If after two months no creditors or legatees have made
themselves known to the heir, and no action, seizure or
contestation has been judicially brought against him, the
beneficiary heir may pay the creditors and legatees as they
present themselves.
133 Without prejudice to their action in damages against the
heir, the creditors who have made themselves known and have

152 SUCCESSION
been neglected in the settlement have recourse against the
creditors and legatees paid to their detriment.
Legatees who have been neglected under the same
circumstances have recourse against the other legatees.
134 Creditors and legatees who do not present themselves
until after payments have been regularly made in accordance
with Articles 126, 127, 131 to 133, have action only against
the remainder of the succession.
Nevertheless, creditors have recourse against any legatee
who has been paid to their detriment, unless the legatee
proves that they might have been paid by using diligence,
without his being left answerable toward the other creditors
who received in lieu of the claimant.
135 A beneficiary heir who has an action to bring against the
succession must give notice of this in writing to the Public
Curator who, for this purpose, acts ex officio as curator to the
succession.
136 The beneficiary heir must impute the amount of the
hypothecary claims to the sale price of immoveable property
and remit it to the hypothecary creditors, unless the alienation
is made subject to a hypothec with the consent of the creditor.
137 The beneficiary heir, at any time and with the consent of
all the interested parties, may render an amicable account
without judicial formalities.
138 If he administers for more than one year, the beneficiary
heir must make his annual summary account available to the
heirs and creditors who have not been paid.
139 If the account is contested, the beneficiary heir renders a
judicial account and gives any notice required by the court.

SUCCESSION 153
The court discharges him of his administration according
to the terms it deems appropriate in the circumstances.
140 The beneficiary heir may renounce the benefit of inventory
at any time, even tacitly, and become a pure and simple
heir.
141 In return for the discharge which he obtains from the
court or from all interested persons the beneficiary heir may
retain in kind that property of the succession which remains in
his hands.
142 If the discharge is based on payment by the beneficiary
heir of all the debts, and he has not paid out all that he has
received, he is not discharged with respect to any creditors
who present themselves within six months of the discharge
and give a satisfactory reason for not presenting themselves
within the required period.
After the period of six months, the creditors forfeit their
rights against the beneficiary heir.
143 Once the account has been audited, the beneficiary heir
cannot be compelled to pay out of his private property, except
to the extent of the amount which remains in his hands.
144 If the beneficiary heir has been put in default to submit
his final account and does not meet that obligation, he must
pay out of his personal property.
145 The form and content of the account which the beneficiary
heir must render are governed by the Code of Civil
Procedure.
146 Any interested party may have the beneficiary heir
replaced by an administrator, if the interests of the creditors or
of the legatees are in danger of being compromised by the
beneficiary heir.

154 SUCCESSION
The administrator is appointed, on motion, by the court
of the place where the succession devolved.
147 The beneficiary heir may also absolve himself of the
duty of administering and winding up the succession by
having an administrator appointed in the manner provided in
chapter V of this Title.
148 Unless the court orders to the contrary, the administrator
appointed in the circumstances provided for in Articles
146 and 147 has the same powers over the property of the
succession as does the beneficiary heir, and is bound by the
same obligations.
He must render an account of his administration in the
same manner as the beneficiary heir.
Section V
Vacant successions
149 A succession is presumed vacant if all the known heirs
have renounced it, or if no heir has claimed it after six months
following the period during which the first heirs called may
exercise their option.
150 A declaration that a succession is vacant is obtained in
the manner prescribed by the Code of Civil Procedure.
151 The Public Curator is ex officio curator to every succession
presumed or declared vacant.
152 The curatorship terminates when a regular heir who
establishes his quality presents himself to take possession of
the property.
If no spouse, relative or known legatee accepts the
succession, the Crown in right of the province may have the
curatorship terminated and obtain possession.

SUCCESSION 155
153 The curator to a vacant succession makes an inventory
of the property of that succession; he manages the succession
and, where applicable, winds it up; to this end, he has the
same powers as a beneficiary heir.
154 The provisions of this chapter governing the form of the
inventory, the notices to be given and the accounts to be
rendered apply, unless incompatible, to the curator of a vacant
succession.
CHAPTER V
ADMINISTRATION OF SUCCESSIONS
155 Upon motion by an heir, the court, if it deems it
expedient, appoints a person to administer the succession.
The petitioner may be so appointed.
156 Any interested person may apply to have the administrator
dismissed.
157 The administrator acts as a simple administrator of the
property of another, on behalf of the heirs, until partition.
158 The administrator must make an inventory of the
property of the succession in the same manner as the beneficiary
heir.
159 The inventory may be reviewed with the consent of
interested persons, or contested in court upon application by
any one of them.
160 Any interested person may require the administrator to
furnish security in the same manner as the beneficiary heir.
161 When there are beneficiary heirs, the administrator
must also comply with the rules governing benefit of
inventory.

156 SUCCESSION
CHAPTER VI
UNDIVIDED OWNERSHIP AMONG HEIRS
162 The provisions of this Code dealing with undivided
ownership apply to undivided ownership among heirs which
results from death, subject to the provisions of this chapter.
163 Before partition, each heir may demand and receive
payment of any divisible claim, in proportion to his share.
164 If a dispute arises as to the determination of the majority
in value of the joint owners, provided in Article 187 of the
Book on Property, the share of the heirs in the undivided
property is determined by the court by valuation as provided
in Article 722 of the Code of Civil Procedure.
The same rule applies to the division of profits and losses
among the undivided heirs, except for the account to be settled
at the time of the final liquidation.
165 If no administrator has been appointed under chapter V,
any heir may be authorized, on motion, to collect from the
debtors of the succession or from the holders or the depositaries
of the funds of the succession, an amount to cover
emergencies.
In granting the authorization, the court may issue any
order it deems appropriate and, in particular, may prescribe
all useful measures regarding such funds.
This authorization does not imply acceptance of the
quality of heir.
166 Notwithstanding opposition by one or more of the
undivided heirs, undivided ownership resulting from death
may, taking into account existing interests and particularly
the possibility of livelihood which the family drew from the
undivided property, be maintained, upon motion, with respect

SUCCESSION 157
to a commercial, industrial, professional or other enterprise
which was managed by the deceased, or with respect to a
participation or securities in the enterprise.
Undivided ownership resulting from death may also be
maintained by the court with respect to all or part of any
immoveable property which was used by the deceased and by
his spouse as a dwelling or to the right to leased premises used
as a dwelling, without prejudice to the provisions of this Code
governing the family residence and the spouse's right arising
out of the succession.
167 If the deceased leaves no minor children, only his spouse
may apply for maintenance of the undivided ownership,
provided that before his death, he was a co-owner of the
enterprise, of a participation, or of securities in the enterprise
or of the immoveable property, or was a co-lessee of the
dwelling.
If the deceased leaves one or more minor children, any
heir may apply for maintenance of the undivided ownership.
168 Maintenance of undivided ownership may not be ordered
for a term of more than five years.
It may be extended, in the case provided for in the first
paragraph of the preceding article, until the death of the
spouse and, in that provided for in the second paragraph of
the same article, until the youngest child comes of age.
CHAPTER VII
LIABILITIES OF THE SUCCESSION AND
SEPARATION OF PATRIMONIES
169 An heir who comes alone to a succession must discharge
all its debts and charges.

158 SUCCESSION
170 When a succession devolves to several heirs, each of
them is bound for the debts and charges in proportion only to
his share, subject to the rules governing indivisible debts.
171 The particular legatee is bound to the creditors only to
the extent of the value of the property he has received, and
only if the other property is insufficient.
172 A pure and simple heir may be compelled to pay his
share of the debts out of his own property.
173 Nevertheless, if a pure and simple heir discovers new
facts, or if creditors appear of whom he could not have been
aware at the time of his acceptance, he may restrict his
personal liability to the value of the property he has received,
provided those events have the effect of substantially changing
the extent of his obligation.
The court, on motion, makes any order deemed appropriate,
determining the limit and the terms and conditions of
the heir's personal liability.
In particular, it may liberate the heir completely,
provided he abandons all that he has received from the
succession.
174 Particular legacies are executed only out of the net assets
of the succession.
Each heir is responsible only in proportion to his share.
175 If the assets are not sufficient to ensure full execution of
the particular legacies, all of them are reduced proportionately,
regardless of their object, unless the testator has
established an order of preference among them.
176 The heirs are liable for the fiscal obligations of the
deceased and of the succession in the same manner as for
other debts.

SUCCESSION 159
A particular legatee is also liable for the fiscal obligations
relating to the property bequeathed or to the transmission
of the property.
However, if the law provides for an exemption or any
other benefit in favour of an heir or a category of heirs, this is
taken into account among the heirs, as are the rates applicable
to each class of heir.
177 In addition to the personal recourses which may be
exercised against them, the heirs remain hypothecarily liable
for any property affected with a hypothec and included in
their share, saving their recourse against those personally
liable for their share, according to the rules applicable to the
warranty.
178 The preceding articles do not prevent the creditors of the
succession from suing for recovery of their claims out of all the
property of the succession, as long as it remains undivided.
179 Saving stipulation to the contrary in the deed of partition,
an heir who has paid part of the debts and charges of the
succession in excess of the share for which he was liable has
recourse against his coheirs for the reimbursement of the
excess.
He may not exercise this recourse against the other
persons entitled to the succession, even by virtue of subrogation
in the rights of the paid creditor, except with regard to
that part of the debt which each of those persons would have
had to bear himself.
Nevertheless, a beneficiary heir retains the right to
demand payment of his claim, like any other creditor, after his
share is deducted.
180 If one of the coheirs becomes insolvent, his share of the
hypothecary or other debt is divided among all the others
rateably in proportion to their respective shares.

160 SUCCESSION
181 The patrimony of the deceased is always separated from
that of the heir without separation being applied for.
It has effect in respect of the creditors of the deceased
and of the succession and in respect of those of the heir.
182 The property of the succession must be used to pay the
creditors of the deceased and those legatees who inherited
sums of money, in preference to any creditors of the heir.
If the property is found to be insufficient, the heir's
property is also used to pay the claims, but only after separate
payment is made to the creditors of any heir whose claim came
into existence before the succession devolved.
183 The right to separation of patrimonies is exercised on
the property as long as it is owned by the heir or on the price of
the sale if it is still unpaid.
CHAPTER VIII
PARTITION AND RETURN
Section I
Partition
184 If all the undivided heirs are present and in agreement,
partition may be made in such form and by such act as the
interested persons deem proper.
185 The undivided heirs who proceed with partition by
agreement make up the shares as they wish and decide
together whether they will be attributed or drawn by lots,
saving the rights of the surviving spouse under this Title.
If the undivided heirs deem it necessary to sell all or part

SUCCESSION 161
of the property to be divided, they also determine together the
conditions of the sale.
186 A person entitled merely to enjoy a part of the undivided
property may participate only in a provisional partition.
187 A consort common as to property may alone demand
partition of the property devolved to him and which is to
remain his private property; he may not, however, without
the consent of his spouse, demand partition of property which
has accrued to him and all or part of which may form part of
the community.
The joint undivided heirs of a spouse common as to
property may not demand final partition of the property
which forms part of the community without impleading the
consorts.
188 In the event of disagreement among the undivided heirs,
partition can only take place under the conditions laid down
in Articles 192 to 203 and in the forms required in the Code of
Civil Procedure, saving their right to agree to observe only
some of those forms and conditions.
189 If several persons under tutorship have the same representative
but their interests in the partition conflict, a separate
representative must be appointed for each of them.
If the representative of a person under tutorship is
himself an undivided heir, an ad hoc representative must be
appointed.
190 Partition may include all, or part only, of the undivided
property.
Partition of an immoveable is deemed to have been
carried out even if parts remain which are common and
indivisible or which are intended to remain undivided.

162 SUCCESSION
191 An heir who has abstracted or concealed property of a
succession, particularly one who has knowingly and in bad
faith failed to include the property in the inventory, may not
claim any share of that property.
This share benefits those who would have received it in
his stead if he had renounced.
192 The person appointed in the manner provided in the
Code of Civil Procedure makes up the shares.
193 Interested persons may agree to the allotment; in the
absence of agreement, the shares are drawn by lot.
Before the drawing, each copartitioner may raise objections
as to the making up of the shares.
194 In preference to any other heir, a spouse may make up
his share so as to include the family residence, the household
furniture, and any other property which is part of the mass to
be apportioned, subject to Article 199.
If the value of the property thus included exceeds the
spouse's portion, he may retain the property, subject to
payment of any balance.
195 When the parts are equal, the number of shares made up
is equal to the number of undivided heirs or partitioning roots.
When the parts are unequal, the number of shares made
up is that necessary to allow drawing by lots.
196 The rules laid down for the division of the masses to be
apportioned are also observed in the subdivision to be made
among the partitioning roots.
197 When the shares are made up and composed, immoveables
should not be broken up, nor should enterprises of any
kind be divided.

SUCCESSION 163
Inasmuch as the breaking up of immoveables and the
division of enterprises can be avoided, each share must, as far
as possible, be made up wholly or partly of moveable or
immoveable property, of rights or of claims of equivalent
value.
Any inequality in the value of the shares is compensated
for by a balance.
198 Each heir receives his share of the property of the
succession in kind, and may demand that he be allotted one or
several particular items or a share by way of preference.
This demand must be taken into consideration in
making up the shares, bearing in mind the right of the spouse,
the objections made, the necessity of liquidity for paying the
debts, and the convenience of proceeding in such a manner
under the circumstances.
In the event of contestation, the court decides on the
application, on conditions deemed equitable.
199 Notwithstanding any objections by one or more of his
copartitioners, an heir may demand the attribution, by way of
partition, of a commercial, industrial, professional or other
enterprise in whose operation he was actively participating at
the time of the death. If the enterprise was operated as a
partnership or a corporation, he may demand that the
participation or securities forming part of the succession be
attributed under the same conditions.
The same applies to any immoveable or part of an
immoveable used as a dwelling by the heir or to the right to a
lease of premises used as a dwelling by him.
In the event of contestation, the court decides on the
application, taking into account the interests present.
When a balance must be paid, the court may determine

164 SUCCESSION
the terms and conditions of payment, particularly the amount
of the balance which may be paid in instalments, the amount
and the due dates of the instalments and the interest rate.
200 In the event of alienation, within three years following
partition, of the property attributed under the preceding
article, that part of the alienation price which exceeds the
value estimated at the time of partition may be divided among
the joint undivided heirs in the same way as if such an amount
had existed at the time of partition.
201 The property is assessed according to its condition and
its value at the time of partition.
If the parties cannot agree, the assessment is made by
experts chosen by the parties or appointed by the court.
202 If certain property cannot be conveniently apportioned
or attributed, interested persons may decide together to sell it.
In the absence of agreement, the sale may also be
ordered by the court, upon motion.
203 The conditions and form of such a sale are determined
by the interested persons together or, failing this, by the court.
If the disagreement among the interested persons
concerns only the choice of the person to be entrusted with the
sale, the court appoints him.
204 In order that the partition not be made in fraud of their
rights, the creditors of the succession, and those of a copartitioner,
may object to its being undertaken in their absence,
and may intervene at their own expense.
205 After partition, each copartitioner must be given the
titles relating to the property attributed to him.
The titles to divided property remain with the person

SUCCESSION 165
who has the greatest value in the property; that person must,
whenever required, assist those of his copartitioners who have
an interest in the property.
Titles common to the entire inheritance are delivered to
the person the heirs have chosen to act as depositary; he must
assist his copartitioners whenever required.
If the copartitioners disagree on the choice, it is made by
the court.
206 At partition, however, any undivided heir may apply for
and obtain a copy of the titles to property in which he retains
rights. The costs so incurred are shared.
Section II
Returns
§ - 1 Return of gifts and legacies
207 Each coheir must return to the mass only what he has
received from the deceased, by gift or by will, under an express
obligation to return.
208 The part of a gift or a legacy made subject to return to
the consort entitled to inherit, to his spouse, or to both, is not
returnable except as regards the share to which he is entitled
under the marriage agreements.
209 An heir who renounces a succession is not obliged to
return.
210 Return is made only to the succession of the donor or of
the testator.
It is due only from one coheir to another.

166 SUCCESSION
It is not due to particular legatees or to the creditors of
the succession.
211 Return is made by taking less.
Any stipulation requiring the heir to make return in
kind has no effect.
212 However, an heir may return in kind the property given
if he still owns it when partition takes place, unless, on his own
initiative, he has affected it with a usufruct, a servitude, a
hypothec or any other real charge.
213 Coheirs to whom return by taking less is due deduct
from the mass of the succession property equal in value to the
amount of the return.
As far as possible, pretakings are made in property of
the same kind and quality as that which must be returned.
If pretaking cannot be made in this manner, the heir
returning may either pay the cash value of the property
received or allow his coheirs to deduct other equivalent
property from the mass.
214 An heir who returns by taking less must return the value
of the property given at the time of partition if the property
still belongs to him.
If the property has been alienated before partition, its
value at the time of alienation must be returned.
Bequeathed property, and that which remains in the
succession, are assessed according to their condition and value
at the time of partition.
A donor or a testator may impose a different method of
assessment.

SUCCESSION 167
215 The returnable value defined in the preceding article is
reduced by the appreciation of the property resulting from the
expenditures or personal initiative of the person returning.
It is also reduced by the amount of the expenditures
necessary for preserving the property, even if they have not
appreciated the value.
Conversely, the returnable value is increased by the
depreciation resulting from the actions of the person
returning.
216 Property given or bequeathed which has been destroyed
by a fortuitous event and without fault on the part of the
donee or of the legatee is not subject to return, except to the
extent that it has given rise to compensation.
217 If an heir chooses to make his return in kind, the
settlement among coheirs is made taking account of Articles
215and216.
The heir is entitled to retain the property until he has
been reimbursed the amounts he is owed.
218 If the copartitioners agree that property affected by a
hypothec or a charge is to be returned in kind, the return is
made without prejudice to the hypothecary creditors, whose
claim is charged to the person returning in the partition of the
succession.
219 The interest on the amount returnable, or the fruits of
the property given or bequeathed, if the property is returned in
kind, are also returnable from the time when the succession
devolves.
- 2 Return of debts
220 An heir coming to partition must return to the mass to
be partitioned the amounts he owes to the deceased, by

168 SUCCESSION
whatever title, and all amounts he owes to his copartitioners
resulting from indivision.
The debts referred to in the first paragraph are subject to
return even if they are not due when partition takes place.
221 Return is not due if the deceased has stipulated, by deed
inter vivos or by will, that the debt is to be released upon his
death.
222 If the amount in capital and interest of the debt to be
returned exceeds the value of the hereditary share of the
copartitioner bound to return, the copartitioner remains
indebted for the remainder and must pay it according to the
conditions attached to the debt.
223 If a copartitioner bound to return debts has himself
claims to make, even though they are not due at the time of
partition, he must return only the balance of his debt.
224 Return of debts is made by taking less.
The deduction effected by coheirs may be set up against
the personal creditors of the heir returning.
225 Return must be made of the value of the debt in capital
and interest at the time of partition.
The returnable debt bears interest from the death if it
precedes the death and from the date when it was contracted if
it was contracted after the death.
Section III
Effects of partition
§ - 1 The declaratory effect of partition
226 Partition is declaratory of ownership.

SUCCESSION 169
Each copartitioner is deemed to have inherited, alone
and directly, all the property included in his share or which
devolves to him through licitation or through any other kind
of partial or complete partition; he is deemed to have owned
it from the beginning of the undivided ownership, and never
to have owned the other undivided property.
Subject to the rules applicable to management of the
affairs of another and to Article 218, acts performed by an
undivided heir, or charges instituted by him respecting
property which has not been attributed to him, cannot be set
up against any other undivided heirs who have not consented
to them.
This article does not apply to the juridical relations
between each coheir and his legal successors.
227 Acts validly entered into during undivided ownership in
conformity with chapter VI, and those to which all the
undivided owners have given their consent, retain their effect,
regardless of who, at partition, receives the property to which
they apply.
Each undivided owner is deemed to have performed the
acts concerning the property which devolves to him.
228 Article 226 applies to hereditary claims against third
parties who take part in the partition, to any transfer of the
claims made during the undivided ownership by one of the
coheirs, and to any seizure of the claims made by creditors of
one of the coheirs.
These provisions do not prevent each heir from validly
receiving payment for his hereditary share in the claim, until
partition, or from invoking compensation for that share.
The provisions of this Code regarding notification of
sales of debts apply to those resulting from partition.

170 SUCCESSION
§ - 2 Warranty of copartitioners
229 Copartitioners are warrantors towards each other, only
for the disturbances and evictions arising from a cause prior to
the partition.
Nevertheless, each copartitioner remains a warrantor
for any eviction caused by his personal act.
230 Insolvency of a debtor prior to partition gives rise to
warranty in the same manner as an eviction.
231 The warranty does not occur if the eviction in question
has been excepted by a stipulation in the deed of partition; it
terminates if the copartitioner suffers eviction through his own
fault.
232 Each copartitioner is personally bound, in proportion to
his share, to indemnify his copartitioner for the loss which the
eviction has caused him.
The loss is assessed as of the day of the partition.
If one of the copartitioners is insolvent, the share for
which he is liable must be divided proportionately among the
copartitioner who has suffered the eviction and all the solvent
copartitioners.
233 An action in warranty may only be instituted within
three years following eviction or discovery of the disturbance.
However, the action in warranty by reason of insolvency
of a debtor of the succession may not be instituted if three
years have elapsed since the partition.
234 The privilege of copartitioners is abolished.
The copartitioners may stipulate a hypothec to ensure
the warranty.

SUCCESSION 171
Section IV
Nullity of partition
235 Partition, even partial, may be annulled for the same
reasons as a contract.
236 Mere omission of undivided property does not give rise
to an action in nullity, but only to a supplement to the deed of
partition.
237 Where the defect in a partition is not considered
sufficient to entail nullity, there may be supplementary or
corrective partition.
238 In deciding whether there is lesion, the value of the
property as at the time of partition must be considered.
239 The defendant in an action in nullity of partition may,
in all cases, have the action terminated and prevent a new
partition, by offering and delivering to the plaintiff the
supplement of his share of the succession, either in money or
in kind.

SUCCESSION 173
TITLE THREE
TESTAMENTARY SUCCESSION
CHAPTER I
WILLS
Section I
General provisions
240 Every person of major age may make provision, in a
manner other than that provided by law, for the transfer upon
his death of all or part of his property, subject to the provisions
regarding hereditary reserve.
241 A will may contain only provisions regarding its execution
or the revocation of previous testamentary provisions.
242 A will may always be revoked.
The acceptance of a will made during the lifetime of the
testator is without effect.
No person, even in a marriage contract, except within
the limits provided in Article 488 of the Book on Obligations,
may renounce the right to make a will, to dispose of his
property in contemplation of death or to revoke his testamentary
dispositions.
'.i
243 No person may subject the validity of the will he intends
to make to any formality, expression or sign not required by
law, or to other derogatory clauses.
244 No person may exclude his heir from his succession,
unless the act excluding the heir is in the form of a will.

174 SUCCESSION
245 A testamentary provision or a stipulation limiting the
rights of a surviving spouse in the event of remarriage is
without effect, subject to express provision of law.
246 The capacity of a testator is required only at the time the
will is signed.
247 A person of major age under tutorship may not make a
will.
A person of major age under curatorship may make a
will without assistance.
248 A minor sixteen years old may dispose of his property by
will in the same manner as a person of major age, provided he
does so by means of an authentic will.
249 Two or more persons may not make a will in the same
instrument.
250 A tutor or curator may not make a will on behalf of the
person whom he represents or assists, either alone or jointly
with that person.
251 A person incapable of making a will may nevertheless
receive by will.
252 Legal persons and persons in mortmain may receive by
will only such property as they may legally hold.
253 A legatee must have the qualities required to inherit at
the time the succession devolves, subject to the rules applicable
to substitution and trusts.
254 Representation occurs in testamentary succession in the
same manner as in intestate succession, unless it is excluded by
the testator either expressly or through the effect of the
provisions of the will.

SUCCESSION 175
Section II
Forms of wills
255 No person may make a will unless it is authentic,
holograph or made in the presence of witnesses.
256 The formalities governing wills must be observed on
pain of absolute nullity.
Nevertheless, if a will made in one form is null by reason
of inobservance of a compulsory formality, the will is valid in
another form, provided it meets the requirements of that other
form.
§ - 1 Authentic wills
257 An authentic will is received in notarial form en minute.
Except in the cases provided for in Article 266, the
notary reads the will to the testator alone.
The will contains a declaration by the testator to the
effect that he has requested the notary to draw up his will, that
the notary has read the will to him, and that the will contains
the exact expression of his wishes.
The declaration is then read by the notary to the testator
in the presence of one witness, or, in the case governed by
Article 266, of two witnesses and all sign the will in the
presence of one another.
258 Subject to Article 265 and to the Notarial Act, the
formalities governing authentic wills are presumed to have
been observed even when this is not expressly stated.
259 Every witness required for an authentic will must be
named and designated in the will.

176 SUCCESSION
260 Any person of major age may witness an authentic will,
except the spouse, or any employee of the notary who receives
it.
261 Consorts may not act as witnesses together.
262 An authentic will may not be received by a notary
related or allied to the testator either in the direct or in the
collateral line up to and including the third degree.
The witnesses may be related or allied to the testator, to
the notary or to each other.
263 The notary who receives a will may be appointed
executor or trustee in the will, even if he is remunerated for
this duty.
264 When the testator knows neither French nor English, an
authentic will may be drafted in a foreign language, provided
the notary and the witness know that language.
The notary records in the deed the testator's declaration
that he knows neither French nor English, and the witness's
declaration that he knows the foreign language used by the
testator; he then draws up the will in the language of the
testator, and immediately translates it into either French or
English.
The text in the foreign language makes proof until
improbation; the translation makes proof of its conformity to
the original until proof to the contrary.
265 An authentic will is subject to additional formalities
when the testator is blind, deaf, mute or unable to sign.
The observance of these additional formalities and their
cause are expressly mentioned in the instrument.

SUCCESSION 177
266 In the cases governed by the preceding article, the will is
received before a notary and two witnesses.
The notary reads the will of the testator who is unable to
sign, or is blind or mute, to this testator, in the presence of the
two witnesses.
The same applies to wills made by deaf mutes and deaf
persons; deaf persons also read their own wills in the presence
of the notary and of the witnesses.
The verbal declaration of the testator to the effect that
he is unable to sign compensates for the absence of a
signature.
267 Any person unable to express himself aloud who wishes
to make an authentic will must convey his wishes to the notary
in writing.
§ - 2 Holograph wills
268 A holograph will must be written entirely in the hand of
the testator and signed by him.
It is subject to no other form.
269 A will written using a mechanical device is not valid as a
holograph will.
§ - 3 Wills made in the presence of witnesses
270 A will made in the presence of witnesses is written by
hand or using a mechanical device, by the testator or by a
third party.
In the presence of two witnesses, the testator then
declares that the document he is presenting is his will; he
need not divulge its contents; he signs at the end with his

178 SUCCESSION
name or his mark or, if he has already signed, he acknowledges
and confirms his signature.
The witnesses then sign the will in the presence of the
testator.
When the will is written by a third party or using a
mechanical device, the testator must also initial each page of
the instrument which does not bear his signature.
271 The witnesses are subject to the rules governing authentic
wills.
272 A person who does not know how to read, or who
cannot read, may not make a will in the presence of witnesses.
273 A person unable to speak but able to write may make a
will before witnesses, provided he indicates by hand, in the
presence of the witnesses, that the writing he is presenting is
his will.
Section III
Probate of wills
274 A holograph will or a will made before witnesses is
probated, on application by any interested person, in the
manner prescribed in the Code of Civil Procedure.
275 The heir need not be summoned to the probate of the
will unless he is so ordered.
276 A will which is not produced, but which can be proven
in accordance with the Book on Evidence, may be probated
upon motion, provided proof is made of the facts justifying
this procedure and of the contents of the will.

SUCCESSION 179
Section IV
Revocation of wills
277 A will may always be wholly or partly revoked.
278 Revocation is express or tacit.
279 Express revocation is made by a subsequent will explicitly
declaring the change of intention.
The revocatory clause may be general or specific.
280 A will which revokes another may be made in a form
different from that used for the will revoked.
281 Destruction, tearing or erasure of a holograph will or of
a will made before witnesses entails revocation, unless it is
established that this was not done deliberately by the testator
or on his instructions.
The same applies to destruction or loss of a will, of
which the testator was aware when he would have been able to
replace the will, had he so desired.
282 A subsequent testamentary disposition incompatible
with a previous one entails tacit revocation.
The revocation is only effective to the extent of the
incompatibility.
The revocation retains its full effect even if the new
provision lapses.
283 Revocation contained in a will which is null by reason of
informality has no effect.
284 Voluntary or forced alienation of a thing bequeathed,
even when made under a resolutive condition or with the right

180 SUCCESSION
of redemption, or by exchange, entails revocation with regard
to everything that has been alienated, unless the testator has
provided otherwise.
Revocation subsists even if the thing alienated has been
taken back into the patrimony of the testator, unless he
appears to have intended the contrary.
If the forced alienation of the thing bequeathed is
annulled, it does not entail revocation.
285 Revocation of an act which expressly or tacitly revokes a
will does not revive a previous will unless the testator has
made clear his intention to the contrary or unless such
intention is the result of circumstances.
CHAPTER II
TESTAMENTARY DISPOSITIONS
Section I
Various kinds of legacies
286 A testamentary disposition of property constitutes a
universal legacy, or a legacy by general title or by particular
title.
287 A universal legacy enables one or more persons to
receive an entire succession.
288 A legacy by general title is one which confers the right to
either:
1. the ownership or the usufruct of an aliquot share of the
succession or of all or an aliquot share of the immoveable
or moveable property; or
2. the usufruct of the entire succession.

SUCCESSION 181
289 All other legacies are by particular title.
290 The exception of particular things, whatever their
number or value, does not destroy the character of a universal
legacy or of a legacy by general title.
291 The property of the deceased which has not been
disposed of by him or respecting which the provisions of his
will are without effect, remains in his intestate succession and
devolves to his legal heirs.
292 The provisions of any will under which an heir is
appointed or a gift or a legacy is made, or which otherwise
make known the intention of the testator, have effect according
to the rules laid down in this chapter with regard to
universal legacies, legacies by general title or legacies by
particular title.
Section II
Lapse, resolution and nullity of legacies
293 A legacy lapses when the legatee does not survive the
testator, unless there is representation.
294 A legacy lapses when the legatee repudiates it, is not
able to accept it, or dies before the fulfilment of the suspensive
condition accompanying it.
295 A legacy also lapses if the thing bequeathed perishes
totally during the lifetime of the testator or before the legacy
made under a suspensive condition devolves.
The legatee suffers the loss of the thing bequeathed if the
loss occurs after the legacy devolves, saving his recourse
against the person responsible for the loss.
296 When a legacy charged with another legacy lapses from

182 SUCCESSION
a cause depending on the legatee, the subsidiary legacy does
not lapse.
This legacy is then deemed to constitute a separate
bequest and a charge upon the heir or legatee who receives
whatever was bequeathed under the lapsed legacy.
297 Unless there is representation, accretion takes place in
favour of the particular legatees when a thing is bequeathed to
them jointly and a lapse occurs with regard to one of them.
298 A legacy is presumed to be made jointly if it is made by
one bequest and if the testator has not allotted each colegatee's
share of the thing bequeathed.
Indication of equal aliquot shares in the partition of the
thing bequeathed by a joint bequest does not preclude
accretion.
299 A legacy is also presumed to be made jointly when the
entire thing is bequeathed by the same act to several persons
separately.
300 A condition that is impossible or is contrary to good
morals, to the law or to public order is deemed not written.
301 The same applies to any penal clause intended to
prevent contestation of the validity of the will and any
disinheritance which takes that form.
302 A legacy made in an authentic will to the notary, to one
of his relatives in the first degree, to his spouse or to the
witnesses has no effect, but the other provisions of the will
subsist.
The same applies even when there are additional
witnesses.
A legacy in favour of an executor or a trustee who acts as

SUCCESSION 183
a witness also has no effect with respect to the portion which
exceeds his remuneration.
303 In a will made before witnesses, a legacy made to the
witnesses, their spouses or any of their relatives in the first
degree has no effect, but the other provisions of the will
subsist.
304 When execution of a legacy is subject to a term, the
legatee retains an acquired right which may be transferred to
his heirs.
305 When a legacy is made under a resolutive condition, the
legatee obtains the benefit of it upon the death of the testator,
subject to the effect granted to the fulfilment of the condition.
306 A legacy is subject to resolution when the legatee is
unworthy.
The causes and effects of unworthiness are governed by
Articles 7 and following.
307 A legacy of a thing belonging to another has no effect
unless it carries with it the obligation for the heir to obtain the
thing bequeathed for the legatee.
CHAPTER III
THE EFFECT OF TESTAMENTARY DISPOSITIONS
Section I
General provisions
308 The rules on acceptance and on repudiation of intestate
succession apply to testamentary successions.

184 SUCCESSION
309 A thing bequeathed is delivered, with its dependencies,
in the condition in which it was when the testator died.
310 Fruits and interest from the thing bequeathed accrue to
the benefit of the legatee from the time of the testator's death.
311 When immoveable property is bequeathed, any contiguous
or annexed immoveable property acquired by the
testator after the will is drawn up is presumed included in the
legacy, provided the property forms a unit with the immoveable
bequeathed.
312 When a business concern is bequeathed, the same
presumption applies to any operations acquired or created
after the will is drawn up which, at the time the testator dies,
make up an economic unit with the business concern
bequeathed.
313 Subject to Article 310, when securities are bequeathed,
the legacy is presumed to include those rights attached to
them which had not been exercised when the testator died.
314 The legacy of an undivided thing is presumed to have as
its object only the share the testator had in the thing when he
died.
Section II
Payment of debts and of legacies
315 The liability of a legatee for debts is described elsewhere
in this Code, mainly in the Title on Intestate Succession and in
the chapter on Usufruct.
316 The legatee by general title of a usufruct is personally
liable towards the creditor for the debts of the succession, even
for the principal, in proportion to what he receives; he is also
hypothecarily liable for anything which affects the property

SUCCESSION 185
included in his share, like any other legatee by general title
and subject to the same recourses.
The contribution to the debts is determined between
him and the bare owner according to the rules stated in Article
139 of the Book on Property.
317 The testator may change the manner and proportion in
which the law holds his heirs and legatees liable for payment
of the debts and legacies, without prejudice to the personal or
hypothecary action of the creditors against the heirs and
legatees, who have recourse against those upon whom the
testator imposed the obligation.
318 Particular legacies are paid by the intestate heirs, and
the universal legatees or legatees by general title, each in the
proportion for which he is liable, as in the contribution to
debts; the legatees are entitled to demand separation of
patrimonies.
If the legacy is imposed on one particular intestate heir
or legatee, the personal action of the particular legatee does
not extend to the others.
The testator may ensure the right to a legacy by a special
hypothec on the property of the succession.
319 When a legacy by particular title includes a universality
of assets and liabilities, such as a succession or a business
concern, the legatee of the universality is personally and solely
liable for the debts connected with it, subject to the rights of
the creditors against the heirs who have their recourse against
the particular legatee.
320 When the property of a succession is insufficient,
particular legacies which have preference are paid first; the
remainder is then divided rateably among the other legatees in
proportion to the value of each legacy.

186 SUCCESSION
The legatee of a certain and determinate object takes it,
and is not compelled to contribute toward payment of the
other legacies which have no preference over his own.
321 Separation of patrimonies takes place in testamentary
succession in the same manner as in intestate succession.
To obtain reduction of any particular legacy, the
creditor must have discussed the heir who is personally liable.
The creditor exercises reduction against each particular
legatee for only a share proportional to the value of his legacy,
but the particular legatees may free themselves by surrendering
the legacy or its value.
322 Separation of patrimonies operates to the detriment of
the creditors of the legatee whenever a particular legacy is
reduced.
323 If bequeathed property has been hypothecated, the heir
liable for the debts according to the rules already laid down
must pay the hypothecary debt on expiry of the term or obtain
a release from the hypothec.
324 A particular legatee who, in order to free the property
bequeathed to him, pays a hypothecary debt for which he is
not liable, has recourse against those who come to the
succession, each for his share, with subrogation in the same
manner as any other person acquiring by particular title.
325 A usufruct established on a bequeathed thing is borne
without recourse by the legatee of the bare ownership.
The same holds true for servitudes which are borne by
the legatee of the thing affected.
326 If, however, the testator was not personally liable for the
hypothec affecting at the same time the particular legacy and

SUCCESSION 187
the property remaining in the succession, the benefit of
division may be claimed reciprocally.
327 A legacy to a creditor is not presumed to have been
made as payment of his claim.
CHAPTER IV
TESTAMENTARY EXECUTION
Section I
Appointment of executors
328 A testator may designate one or more persons to ensure
the execution of his last wishes.
He may provide for their successive replacement either
by designating persons to replace them, or by empowering the
original executors to replace themselves. He may also authorize
them to designate additional executors.
The testator may also entrust the court with the appointment
or replacement of the executors.
These persons have the quality of testamentary executors,
regardless of how the testator may have designated them.
329 If the executor designated by the testator has not
accepted the office, or if for any reason he cannot be designated
or replaced according to the provisions of the will, the
court may appoint an executor, on motion by any interested
person.
330 If there is no executor, or if an executor has not been
appointed or replaced in the manner in which this may be
done, the execution of the will falls entirely upon the heir who
receives the succession, subject to the following article.

188 SUCCESSION
331 If there is no executor, any heir may apply to the court to
have an administrator appointed under Article 155.
Any interested person may also have an administrator
appointed for property situated in Quebec which is part of a
succession which devolved outside Quebec.
Section II
Capacity and acceptance of executors
332 A minor and a person of major age under tutorship or
curatorship may not act as an executor.
333 Legal persons so empowered by law may act as
executors.
334 No person is bound to act as an executor.
335 Acceptance may be express or tacit.
336 The Title on Administration of the Property of Others
applies to executors, saving inconsistency.
An executor may not be dismissed, however, except by
order of the court.
337 If several executors have been appointed and one or
more of them have accepted the office, those executors who
have accepted may act alone.
The same is true if several have accepted but only one or
more survive or retain their office.
338 If the court requires an executor to provide security, the
costs are borne by the succession.
The executor upon whom this obligation is imposed
may renounce his office.

SUCCESSION 189
339 If the testator himself has not so provided, the executor
is entitled to equitable compensation, determined by agreement
with the heirs or, in the absence of agreement, fixed by
the court.
When execution of a will falls under the professional
competence of the person to whom it has been entrusted, the
executor is entitled to the usual remuneration.
340 When a legacy made to an executor has no other cause
than his remuneration, it lapses if he does not accept the office.
Section III
Obligations of executors
341 An executor has the obligation of administering the
property of the succession in accordance with the instructions
of the testator and the law.
He executes the provisions of the will.
He has the will probated, if applicable.
If the validity of the will is contested, he may become a
party to support it.
He executes all other obligations imposed upon him by
law as an administrator of the property of another.
342 If, due to the absence of some of the executors, a
majority cannot be obtained, those present may act alone,
even before inventory, concerning the custody of property or
acts requiring dispatch.
343 Even when the testator or the heir claims to have
exempted the executor from making inventory, the executor
must make inventory in the same manner as a beneficiary heir.

190
SUCCESSION
The inventory, however, may be made either before a
notary or before two witnesses.
344 Any heir and any creditor may consult the inventory
and obtain a copy of it at his own expense.
345 Moreover, when there are beneficiary heirs, the executor
must follow the rules concerning benefit of inventory.
Section IV
Powers of the executor
346 Upon the death of the testator, the executor is seized of
all the property of the succession for the purposes of executing
the will; he exercises the powers of simple administration
regarding the property.
He may claim the property of the succession, even
against the heirs.
347 The Title on Administration of the Property of Others
applies to the executor to the extent that it is not inconsistent
with this chapter.
348 However, until the inventory has been made, the executor
has only the powers of a person entrusted with custody of
the property of another.
In addition, he may perform any acts requiring
dispatch.
349 The executor remains seized until the will is fully
executed, but the seizin may not exceed two years unless an
extension is agreed to by all the heirs or is granted by the court
for cause.
The testator may not extend the seizin beyond this
period.

SUCCESSION 191
350 The testator may restrict the seizin of the executor or
modify his powers and obligations within the limits permitted
by law.
351 Upon motion by any interested person, the court,
according to the circumstances, may vary the executor's seizin
or his powers in any manner, under the conditions it determines,
or it may terminate his seizin or his powers completely.
352 The executor collects the claims, and pays the debts and
the costs of administration.
He discharges the particular legacies out of the property
of the succession.
Unless the testator has provided otherwise, the duties
and taxes payable on the deceased person's property are
divided among the heirs in accordance with Article 176.
353 The executor partitions the property according to the
rights of the interested persons.
Before composing the shares, he hears any heirs who
request to be heard. Articles 194 to 203 then govern the
manner in which the shares will be composed, subject to the
provisions of the will.
CHAPTER V
SUBSTITUTION
Section I
General provisions
354 There is substitution when a donee or a legatee is
obliged to remit what he receives, either upon his death or
previously.

192 SUCCESSION
355 Moveable property and immoveable property may be
the object of a substitution.
356 The institute is the person obliged to remit; the substitute
is the person subsequently entitled to receive.
When there are two degrees in the substitution, the
substitute who receives under an obligation to remit becomes
an institute with respect to the subsequent substitute.
357 A substitution must be established in writing; failing
this, the stipulation which obliges the institute to remit has no
effect.
358 A substitution may exist even though such words as
"trust", "usufruct" or "prohibition against alienation" are
used to express the right of the institute.
In determining whether or not there is substitution,
consideration is given to the entire tenor of the deed and the
intent which it sufficiently expresses, rather than to the
meaning of particular words.
359 A substitute need not exist when a gift is made or a
succession devolves.
He need exist only when the substitution opens.
360 The prohibition against making a will subject to no
other condition or indication entails substitution in favour of
the intestate heirs of the donee or legatee, with respect to
property given or bequeathed which remains at the time of his
death.
361 A prohibition against alienation has no effect unless it
can stand as a substitution.
362 However, the gift or legacy of an immoveable affected
by a right of usufruct, use or habitation may be accompanied

SUCCESSION 193
by a prohibition against alienation without the consent of the
beneficiary of the right affecting the immoveable.
363 No substitution may extend to more than two degrees,
exclusive of the institute.
Any stipulation which extends a substitution to more
than two degrees has no effect as regards the excess.
364 Degree is defined by head and not by root.
365 However, a transfer is not counted as a degree of
substitution if it takes place between co-institutes when one of
them dies, provided it is stipulated that his share passes to the
surviving institutes, without prejudice to the rights acquired
following the death of an institute; the exercise of these rights
is suspended until the last institute dies.
366 Saving incompatibility, the rules governing legacies
apply to substitutions created by gift or by will.
Representation, however, does not take effect with
respect to the institute.
367 Lapse with regard to the substitute benefits the institute.
Lapse of a testamentary substitution with regard to the
institute benefits the substitute.
368 A granting donor may, until opening, revoke the substitution
with respect to the substitute, as long as no acceptance
has been made by or for the substitute.
The substitute is presumed to have accepted when either
of his parents is the institute.
Revocation of the substitution never benefits the
grantor.

194 SUCCESSION
In the absence of any provision to the contrary, revocation
benefits the cosubstitute, if there is one; if there is none, it
benefits the institute.
369 The grantor may reserve for himself the right to determine
the share of each substitute.
He may also confer this right upon the institute.
370 If a donor reserves for himself the right to later substitute
property given by him, even in a marriage contract, this
right has no effect.
371 The grantor may allow the institute to dispose gratuitously
of the property of the substitution, or to alienate it
without being obliged to replace it.
In this case, the substitution has effect only with regard
to the remainder.
Section II
Substitution before opening
372 Before opening, the institute holds for himself as an
owner, subject to his obligation to remit the property of the
substitution to the substitutes.
373 Acts performed by the institute are subject to the
supervision of the Public Curator.
374 Within two months after the gift or after the acceptance
of a legacy, the institute, having notified the Public Curator
and all interested persons, must make an inventory at his own
expense of all the substituted property, unless it has already
been identified in the deed setting up the substitution or in the
general inventory of the succession.
Failing this, the Public Curator, the substitutes or their

SUCCESSION 195
legal representatives may make the inventory at the expense of
the institute, provided they notify him and the other interested
persons.
Any provision to the contrary is without effect.
375 Once a year, the institute must notify the substitutes and
the Public Curator of any change in the inventory and of the
use he has made of the substituted property.
Any provision to the contrary is without effect.
376 The institute must perform all acts necessary to maintain
and preserve the property.
He must pay all fees and expenses chargeable to revenue
which are due before the opening, except for reimbursement in
proportion to the duration of his right.
377 The institute receives money due, gives discharge for it,
and exercises all judicial recourses related to it.
378 With respect to his right to exploit mines, quarries and
trees on the land subject to the substitution, the institute is
subject to the rules governing usufruct.
379 The institute may lease, hypothecate or alienate by
onerous title the moveable or immoveable property of the
substitution.
The lessee, creditor or acquirer has a definitive right
which is not affected by the right of the substitutes at the
opening of the substitution.
Except in cases of fraud, the substitutes have recourse
only against the institute.
Any provision to the contrary is without effect.

196 SUCCESSION
380 The institute must invest the proceeds of any alienation
of substituted property, of capital paid to him, and of cash.
381 In any alienation, use or replacement of substituted
property, the institute must act with prudence and diligence,
bearing in mind the eventual rights of the substitute.
Any replacement made in conformity with Article 552
of the Book on Property is presumed proper.
382 Any alienation by gratuitous title of the property of the
substitution by the institute is invalid unless the grantor
allowed it.
383 The institute must insure the immoveable property at
his own expense against all ordinary risks, particularly fire and
theft.
The amount of insurance is substituted property.
384 The institute is responsible for all damage caused to the
substituted property, unless he can prove absence of fault on
his part.
385 If the institute fails to execute his obligations, is guilty of
bad administration, or deteriorates, dissipates or wastes the
substituted property, the judge, on motion by the Public
Curator or by any interested person and depending on the
gravity of the circumstances, may deprive the institute of the
income, compel him to restore the capital or to furnish
security, pronounce the forfeiture of his rights in favour of the
substitutes or appoint a sequestrator.
The substitute is also entitled to any conservatory
recourse to ensure protection of his rights.
386 Creditors of the institute may seize the rights conferred
on the institute by the substitution, and have them sold by
judicial sale.

SUCCESSION 197
387 If substituted property is seized for debts of the institute,
the substitutes may oppose the seizure.
If there is no opposition, the sale is valid; the purchaser
has a definitive title, and the substitutes may exercise recourse
only against the institute or his heirs.
388 Before the opening of the substitution, the substitute
may dispose of or renounce his eventual right to the property
substituted.
Section III
Substitution after opening
389 Unless an earlier time has been set, the substitution
opens upon the death of the institute.
If the institute is a legal person, the substitution cannot
open more than twenty-five years after the gift or after the
succession devolves.
Any provision setting a later date for the opening is
without effect.
390 Upon the opening of the substitution, the institute or his
heirs render account and remit the property with its accessories.
If they have collected the income earned since the
opening, they hand it in unless the substitute has been put in
default and has failed to assume his quality.
391 If the substituted property is no longer in kind, the
institute must hand in whatever has been acquired through
replacement.
If it is impossible to remit property because of the act of
the institute, either he or his heirs must pay the value of the
property on the day of the opening.

198 SUCCESSION
392 The successors of the institute, as administrators of the
property of another, must continue anything which is necessary
as a result of acts performed by the institute, or anything
which cannot be deferred without risk of damage.
393 The substitute receives the property directly from the
grantor.
Upon the opening of the substitution, the substitute is
seized of the ownership of the property like a legatee.
394 Co-institutes are solidarily liable toward the substitute.
395 If the institute has made improvements to the substituted
property, his recourse against the substitute is subject to
the rules applicable to possessors in good faith.
396 If the institute has paid capital debts without having
been charged to do so, he is entitled to reimbursement, with
interest, from the opening.
397 The expenses of judicial proceedings and of major
repairs, and other extraordinary expenses that the institute
assumes for the purposes of the substitution, are refunded, in
whole or in part, to him or to his successors, according to what
is found equitable at the time of the opening.
398 The opening of a substitution revives the claims and
debts which existed between the institute and the grantor, and
terminates the confusion, within the person of the institute, of
the qualities of creditor and debtor.
However, the confusion subsists concerning any interest
which has accrued until the opening.
399 The institute or his successors, in exercising their rights,
are entitled to separation of patrimonies against the substitute,
and may retain the property until they are paid.

SUCCESSION 199
400 The institute who is a minor or a person of major age
under tutorship may not invoke his status in order to be
relieved of the obligations imposed on him by law in favour of
the substitutes, saving, however, his recourses against his tutor
or any other representative.

BOOK FOUR
PROPERTY

PROPERTY 203
TITLE ONE
NATURE AND KINDS OF PROPERTY
1 Property consists of the personal and real rights that
belong to a person.
2 Real rights relate to things or to rights.
CHAPTER I
MOVEABLES AND IMMOVEABLES
3 Property and things are moveable or immoveable.
4 Property and things are moveable unless the law provides
otherwise.
5 Immoveable things are land, the buildings and other
works incorporated therewith, and anything which is an
integral part of such land, buildings or works.
6 Plants and minerals are integral parts of the land as long
as they are not separated or extracted from it.
Nevertheless, harvests and fruits of plants are moveable
even when not separated from the land.
7 All things which are incorporated into an immoveable,
regardless of who has effected the incorporation, are integral
parts of the immoveable.
The same applies to all things which are physically
attached to an immoveable but which do not lose their
individuality, without prejudice to the existing rights of third
parties thereto.
8 When a thing which forms an integral part of an
immoveable is temporarily detached from it, such thing

204 PROPERTY
remains immoveable as long as it is intended that it be put
back.
9 An immoveable right is a real right having as its object
either an immoveable thing or an immoveable right and any
action to exercise these rights or to obtain possession of an
immoveable thing.
10 Moveables used for the commercial, agricultural or
industrial exploitation of an immoveable remain moveable.
11 Rights established in a bearer instrument are deemed
corporeal moveables.
12 Energy which has been produced is deemed a corporeal
moveable, whether its source is moveable or immoveable.
CHAPTER II
THINGS IN THEIR RELATION TO THOSE WHO
HOLD RIGHTS TO THEM OR WHO POSSESS THEM
13 Certain things cannot be owned; their use, which is
common to all, is governed by law.
14 Certain things are not the object of any rights although
they may become so.
15 Moveable things which have never belonged to any
person or which have been voluntarily abandoned by their
owner belong to the person who takes physical possession of
them by occupation, subject to express provision of law.
16 A thing which has been lost still belongs to its owner,
subject to the rules of prescription and express provision of
law.
17 A treasure belongs to the person who finds it on his land.

PROPERTY 205
A treasure found on land belonging to another person
belongs half to the person who finds it and half to the owner of
the land.
A treasure is any hidden or buried thing, discovered by
chance, which no person can prove that he owns.
18 Immoveables which have no owner belong to the Crown
in right of the Province.
The rights of the Crown to vacant or irregular successions
are defined in the Book on Succession.
19 A person may hold, with respect to a thing, a right of
ownership or a dismemberment of the right of ownership.
Exercise in fact of any such right constitutes possession.

PROPERTY 207
TITLE TWO
POSSESSION
CHAPTER I
THE NATURE OF POSSESSION
20 Possession is the exercise in fact of a real right, by
oneself or by another, as holder of such right.
Such intention is presumed. If it is shown to be lacking,
there is detention.
21 When one person has begun detention for another, he is
presumed to exercise such detention in the same quality,
unless interversion of title is proven.
Proof can result only from unequivocal facts which
contradict the right of the person on whose behalf the
detention is effected.
22 Possession cannot be based on any act which is merely
facultative or of sufferance.
23 If possession is to produce legal effects, it must be
continuous, peaceful, public and unequivocal.
24 The present possessor is presumed to have been in
continuous possession from the time he assumed possession.
25 Where possession is discontinuous, violent, clandestine
or equivocal, it begins to produce its effects when the defect
has ceased.
Successors by any title do not suffer from such defects in
the possession of previous holders, provided their own possession
can produce juridical effects.

208 PROPERTY
26 A thief may never invoke the effects of possession.
This does not apply to the thief's successors by any title.
27 A possessor in good faith is a person who, when his
possession begins, is justified in believing himself the holder of
the right he is exercising.
His good faith ceases when his right is judicially
contested.
28 A possessor is presumed to be in good faith.
CHAPTER II
EFFECTS OF POSSESSION
29 The possessor is presumed to be the holder of the right
he is exercising.
30 The possessor may avail himself of possessory actions,
under the conditions provided by the Code of Civil Procedure.
31 Possession vests the possessor with the real right he is
exercising, under the conditions determined in the Books on
Prescription and on Publication of Rights.
32 Improvements made by the possessor confer upon him
the right to the recourses provided for in Articles 78, 79 and
80.
33 A possessor in good faith acquires the fruits of the thing
and bears the cost of production.
A possessor in bad faith owes such fruits as the thing
should have yielded as of the day when his bad faith
commenced.

PROPERTY 209
TITLE THREE
THE RIGHT OF OWNERSHIP
CHAPTER I
NATURE AND SCOPE OF THE RIGHT OF
OWNERSHIP
34 Ownership is the right to use, enjoy and dispose of
things to the fullest, within the limits and under the conditions
established by law.
35 The owner of a thing owns all that it produces and bears
the cost of production, subject to Article 33.
36 The owner of a thing assumes the risks of its loss and
deterioration.
37 Ownership of the soil entails ownership of what is above
and below the surface.
The owner may effect any work, building, plantation
and excavation that he thinks fit, upon or below the surface,
subject to restrictions provided by law.
38 However, ownership of the soil does not entail ownership
of what is above and below the surface when there is a
declaration of condominium, or the establishment of a right of
superficies, or when the owner has otherwise disposed of his
right to what is above and below the surface.
39 The owner of land may prohibit anyone from making
use of it and from using anything above or below the surface,
subject to express provision of law.
A person over whose land branches or roots extend from
a neighbouring property may himself cut them as far as the

210 PROPERTY
dividing line, or compel his neighbour to cut them, without
prejudice to his other rights.
40 The owner of land owns any springs found on it; he
may use and dispose of them in the same manner as he may
use and dispose of other parts of his land.
41 Subject to any special laws, a riparian owner, for the use
of his property, may make use of any watercourse which
borders or crosses it.
As the watercourse leaves his property, he must direct it
to its regular course.
He may not, by such use, prevent any other riparian
owner from exercising the same right.
42 Subject to any special laws, any person may travel on
such watercourses, provided he gains legal access to them,
causes no prejudice to the riparian owner, and does not set
foot on the banks.
CHAPTER II
LIMITATIONS ON THE RIGHT OF OWNERSHIP
Section I
Expropriation
43 No person may be compelled to give up his property,
except by expropriation for public purposes and in consideration
of an indemnity, in accordance with the law.

PROPERTY 211
Section II
Boundaries
44 Any owner may compel his neighbour to determine the
boundaries between their contiguous properties, under the
conditions provided in the Code of Civil Procedure.
Section HI
Flowing water
45 Water must be allowed to flow naturally from higher
land to lower land.
The owner of the lower land may not erect any dam to
prevent this flow.
The owner of the higher land may not do anything to
aggravate the condition of the lower land.
46 Roofs of buildings and other constructions must be built
in such a manner as to prevent rain and snow falling on the
neighbouring land.
Section IV
Fences
47 Any owner may fence his land at his own expense,
subject to express provision of law.
He may also compel his neighbour to share the cost of
building a common separation to divide their respective
properties.

212 PROPERTY
The court, taking account of usage and of the circumstances
of the case, decides any dispute resulting from a
disagreement between neighbouring property owners.
48 A fence which separates contiguous lands is presumed
to belong to both neighbours in co-ownership.
49 A ditch which separates two contiguous lands is presumed
to belong to both neighbours in co-ownership.
However, when the embankment or the earth thrown
out of a ditch is on one side of it only, the ditch is presumed to
belong exclusively to the owner on whose side the earth is.
Section V
Common ownership
50 The owner who builds a wall to support a building must
erect the wall exclusively on his own land, although the
foundation footings may encroach upon his neighbour's land.
51 However, neighbouring owners may agree to build a
wall on both sides of the dividing line and to share the
expense.
The wall is common, along all or part of its length.
52 When a private wall immediately adjoins the dividing
line, the neighbouring owner may render all or part of the wall
common by paying the owner of it one-half of the value at the
time of the part rendered common, and one-half of the value
of the ground on which the wall is built.
53 However, this option exists only in those cases where the
wall supports a building; common ownership may then be
acquired, regardless of the type of materials used to construct
the wall or the buildings.

PROPERTY 213
54 When buildings are supported by a wall between them,
the wall is presumed common to the full height of the common
portion.
55 Each owner may build against a common wall and place
joists or beams there.
Neither owner may do so, however, without the consent
of the other; if there is disagreement, he may apply by motion
to the court to have determined the means necessary to ensure
that the new construction does not prejudice the rights of the
other owner.
56 Each co-owner is responsible for maintaining, repairing
and rebuilding a common wall, in proportion to his right.
A co-owner who wishes to avoid this obligation may
abandon his right of common ownership and renounce his
right to make use of the wall.
57 Each co-owner may increase the height of the common
wall at his own expense.
Both parties must first obtain an expert appraisal as to
whether the wall can support the portion to be added. If the
opinion is affirmative, the owner who is erecting the additional
portion must pay the other an indemnity representing onesixth
of the value of the additional portion.
If the expert appraisal shows that the wall cannot
support the portion to be added, the owner who wishes to
increase the height must have it rebuilt entirely at his own
expense, and any excess thickness must be on his side.
In both cases, the person who has increased the height of
part of a wall is the owner of that part of the wall, and he alone
must bear the costs of maintaining, repairing and rebuilding
it.

214 PROPERTY
58 A neighbour who has not contributed to raising the
height of the wall may acquire common ownership of the part
raised by paying half of its then real value and, if necessary,
the value of half of the ground used for the excess in thickness.
He must in addition return the indemnity received
under the preceding article.
Section VI
The right of view
59 A co-owner of a common wall may not make any
opening in such wall unless he has obtained a servitude of
view from the other co-owner.
60 The owner of a wall which is not common may, even if it
is less than one metre ninety away from the dividing line,
make lights in it, namely windows or other apertures made in
such a way that they cannot be opened.
These lights must not be transparent, but only
translucent.
There may also be oblique views in such a wall.
61 No person may have any direct view, gallery, balcony or
other projection, less than one metre ninety from the dividing
line, over land adjacent to his.
This prohibition does not apply to doors without glass,
or to stoops, used for entering and leaving buildings.
62 The prohibition contained in the preceding article does
not apply to any owner who has provided views at a distance
less than that prescribed, but is still unable to see because of
the presence of a wall or a fence separating the two neighbouring
properties.

PROPERTY 215
If this obstacle disappears, the prohibition revives and is
not prevented from applying by prescription.
63 These distances are measured from the outside facing of
the wall where the opening is made, and, if there is a balcony
or other similar projection, from the outside line of the
balcony or projection.
Section VII
The right of way
64 The owner whose land is enclosed on all sides by that of
others, or who has only insufficient access to the public road
for the use of his land, may require one of his neighbours to
provide him with the necessary passage-way, subject to an
indemnity proportionate to the damage he may cause.
65 The right of way is claimed from that neighbour whose
property most naturally lends itself to that purpose.
For this purpose, consideration is given to the state of
the premises, the convenience to the enclosed land and the
inconvenience the way causes to the affected land.
66 If the land becomes enclosed as a result of a partition, a
will, or a contract, the way may be claimed only over that part
of the land which still provides access to the public road.
The way is then provided without indemnity.
67 The person who enjoys a right of way must build and
maintain all works necessary to ensure that his right is
exercised under conditions the least unfavourable to the land
across which the way is situated.
68 If the conditions provided for in Article 64 cease to exist,
the right of way is extinguished.

216 PROPERTY
The indemnity is not reimbursed; if the indemnity was
in the form of annuities, no future payments are owed.
Section VIII
Access to another person's land
69 The owner of land may prohibit any person access to it,
unless the access is necessary to repair a wall or a construction
erected on neighbouring land; in this case, a notice must first
be given to the owner.
The owner may then claim an indemnity if he suffers
any damage as a result.
70 Similarly, if, by the effect of a force of nature or a
fortuitous event, any objects are carried, or animals stray, on
to land belonging to another, the owner of the land must allow
them to be searched for and removed.
If he suffers damage by so doing, he may claim an
indemnity.
CHAPTER III
ACQUISITION OF THE RIGHT OF OWNERSHIP
71 The right of ownership is acquired by occupation, by
accession, by succession, by contract, by prescription and by
any other means provided by law.
72 Ownership of a thing entails ownership of all that is
united to or incorporated with the thing.
This means of acquiring ownership is called accession.

PROPERTY 217
Section I
Accession of immoveables
73 Accession of any moveable or immoveable thing to an
immoveable may be voluntary or involuntary.
In the first case, the accession is artificial and in the
second, it is natural.
§ - 1 Artificial accession
74 All buildings, plantations and works on or beneath the
surface of land are presumed to have been made by the owner
of it and with materials belonging to him.
Moreover, the buildings, plantations and works are
presumed to belong to him.
75 When the owner of the land erects buildings, plantations
and works with materials which do not belong to him, he
acquires the ownership of the materials by accession.
The owner of the materials may neither remove them,
nor be compelled to take them back.
The owner of the land must refund the present value of
the materials, and may also be liable for any damages.
76 Ownership of the land entails ownership of all improvements
made to it by a possessor.
"Improvements" means any work that serves to increase
the value of the property, especially buildings, plantations,
new works and repairs.
77 The owner of the land may not compel the possessor to
remove the necessary improvements.

218 PROPERTY
He may not compel the possessor in good faith to
remove any useful improvements he has made.
78 A possessor in good faith who is obliged to return a
thing is entitled to reimbursement of the cost of the necessary
improvements he has made, even if they no longer exist.
If the improvements are useful, and still exist, he is
entitled either to reimbursement of their cost or to an
indemnity equal to the appreciation, as the owner decides.
79 The possessor in bad faith who is obliged to return a
thing is entitled to reimbursement of the cost of the necessary
improvements he has made, even when they no longer exist,
subject to compensation for fruits collected.
80 The owner is not obliged to keep useful improvements
made by a possessor in bad faith; he may compel the
possessor to remove them at his own expense and to restore the
premises to their original state.
If the owner decides to keep the improvements, he must
either repay their cost to the possessor or pay him an amount
representing their present value; however, if the improvements
cannot easily be removed by the possessor, the
owner may retain them without paying him.
81 When the possessor has done works on a property other
than those listed in Article 76, the owner may preserve the
works without indemnity, or compel the possessor to remove
them and to restore the premises to their original state.
82 The rules established respecting improvements made by
a possessor in bad faith apply to a holder, unless the law or the
act governing such detention provides otherwise.
83 If useful improvements made by a possessor in good
faith are so extensive and costly that the owner of the land
cannot pay the indemnity provided for, the owner may request

PROPERTY 219
the court to order the possessor to acquire the land and pay its
estimated value.
The court takes all the circumstances into consideration.
84 Whenever an owner is obliged to pay an indemnity
under the preceding provisions, he may not take back his
immoveable until he has executed his obligation.
§ - 2 Natural accession
85 Alluvion becomes the property of the owner of the
adjacent land, subject to express provision of law.
"Alluvion" means deposits of earth and augmentations
which gradually and imperceptibly collect on land adjacent to
a watercourse.
86 When ground is left dry by running water imperceptibly
flowing away from one shore to the other, the owner of the
uncovered shore gains the ground and the owner of the
opposite shore may not reclaim anything for the land he has
lost.
87 If, by sudden force, a watercourse carries a large and
recognizable portion of a riparian field towards a lower field or
to the opposite bank, the owner of the portion carried away
may reclaim it.
He must, however, on pain of forfeiture, reclaim that
portion within one year after the owner of the land to which it
has been united takes possession of it.
88 An island formed in the bed of a watercourse belongs to
the owner of the bed.
89 If, in forming a new branch, a watercourse cuts an
adjacent field and thereby makes an island, the owner of the
field retains the ownership of the island so made.

220 PROPERTY
90 If a watercourse leaves its bed and forms a new one, the
old bed belongs to the owners of the newly occupied land,
each in proportion to the land which he has lost.
Section II
Accession of moveables
91 When moveable things belonging to different owners
have been intermingled and united in such a way that they can
no longer be separated without causing deterioration, or
without excessive labour and cost, the new thing belongs to
the person who contributed the most towards its creation.
The value of the work and of the moveable property
intermingled or united must be taken into account.
The same applies when a person has worked on or
transformed any material which does not belong to him.
92 The owner of the new thing must pay the value of either
the material or the work supplied by the other owner.
If it is impossible to determine who has contributed the
most towards the creation of the new thing, the persons
interested are co-owners in equal shares.
Whenever a person has used materials belonging to
other persons, without their consent, he may be ordered to pay
damages.
93 A person who is required to give back a moveable thing
may retain it, without prejudice to his personal recourse, until
the indemnity provided for in the preceding article has been
paid.

PROPERTY 221
TITLE FOUR
DISMEMBERMENTS AND MODIFICATIONS
OF THE RIGHT OF OWNERSHIP
CHAPTER I
USUFRUCT
Section I
General provisions
94 Usufruct is the right to use and to enjoy the property of
another person or a right held by another person, in the same
manner as the owner or holder, subject to the obligation of
preserving the substance.
Usufruct may be established upon individual things,
whether moveable or immoveable, upon rights, and upon
universalities.
95 Usufruct is established by contract, by will, by acquisitive
prescription or by law.
96 Usufruct is in essence temporary.
97 Usufruct may be established in favour of one beneficiary
or of several beneficiaries jointly or successively.
98 The beneficiaries must exist when the usufruct opens.
dies.
The usufruct is extinguished when the last beneficiary

222 PROPERTY
Section II
Rights and obligations of the bare owner
99 The sole obligation of the bare owner is to refrain from
any act which might prevent the usufructuary from fully
exercising his right.
100 The usufructuary takes the thing in the state in which he
finds it.
He may not compel the bare owner to remit it in good
condition nor can he compel him to make any repairs to it.
101 The bare owner may dispose of his right.
The alienation in no way affects the right of the usufructuary
who continues to exercise his usufruct, unless he has
formally renounced it.
Section III
Rights of the usufructuary
102 The usufructuary has the possession, use and enjoyment
of the thing or the right which is the object of the usufruct.
103 The usufructuary is entitled to use the thing for the
purposes for which it is intended.
104 If a usufruct comprises things which cannot be used
without being consumed, the usufructuary becomes the owner
of them.
Upon termination of the usufruct, the usufructuary must
return similar things in the same quantity and of the same
quality, unless the act allows him to execute his obligation in
money.

PROPERTY 223
105 The usufructuary may dispose, in the manner of a
prudent administrator, of things which, although they are not
immediately consumed, gradually deteriorate by reason of use
and time.
In such cases, at the end of the usufruct, he must restore
the value the things had when he disposed of them.
106 The usufructuary owns all fruits yielded by the object of
his right.
107 Natural fruits are those spontaneously produced by the
soil, and those obtained by cultivation or working of land.
Products and increase of animals are also natural fruits.
108 Civil fruits are sums of money which a thing yields
periodically.
In particular, these include rentals, interest, arrears of
annuities, dividends and other sums allotted or collected in
similar circumstances.
109 Extraordinary profits and payments which may derive
from the right subject to the usufruct are not fruits.
They are paid to the usufructuary who must account to
the bare owner for them at the end of the usufruct.
110 The usufructuary owns all natural fruits, including those
which are attached to the thing at the beginning of the
usufruct, as soon as such fruits are separated from the thing.
He is not entitled to those which are still attached to the
thing upon termination of the usufruct.
Neither the owner nor the usufructuary is entitled to
compensation for any work done or expenses incurred for the
production of these fruits.

224 PROPERTY
111 If, at the beginning of the usufruct or upon its termination,
the thing is subject to a lease providing that the lessor
and the lessee will share the fruits, the lessee retains his right
to the fruits until his lease expires.
112 Civil fruits are acquired day by day and belong to the
usufructuary from the day when his right begins until that on
which it terminates, even if they can be claimed earlier or later.
113 If a debt subject to usufruct becomes payable during the
usufruct, the price is paid to the usufructuary who gives
discharge for it.
The rules governing usufruct of consumable things
apply in this case.
114 The right to increase the capital subject to a usufruct,
such as the right to subscribe by preference to shares, belongs
to the bare owner and he alone may exercise it.
However, the right of the usufructuary extends to the
increase.
If, on the other hand, the bare owner chooses to alienate
his right, the capital is remitted to the usufructuary who is
accountable for it at the end of the usufruct.
115 Subject to the law or to the act constituting the usufruct,
the usufructuary of stock, shares or interests subject to a
usufruct is entitled to vote at meetings of shareholders or
partners.
However, the bare owner is entitled to vote on any
proposed change to the capital structure of the enterprise.
116 The usufructuary may not fell trees growing on the land
subject to the usufruct.

PROPERTY 225
He may dispose, however, of those which fall or which
die accidentally.
He must replace fruit trees unless most of them have
been so destroyed.
117 If the trees were used as a source of income before the
usufruct opened, the usufructuary may continue to use them to
his profit.
He must do so in such a manner as not to endanger the
regrowth of the forest.
He must have the plan for his operation approved by
experts. This approval must be ratified by a judge, upon
motion.
118 The usufructuary may not extract minerals from the
land subject to the usufruct, except for the repair and
maintenance of the land.
If, however, the extraction of the minerals constituted a
source of income for the owner, before the usufruct opened,
the usufructuary may continue such work in the way in which
it was begun.
119 While the usufruct lasts, the usufructuary is not entitled
to any treasure found on the land subject to the usufruct,
unless he finds the treasure himself.
120 If the usufruct bears on an immoveable, the usufructuary
exercises all the rights created in favour of the
immoveable.
The usufructuary's right relates to all the accessories
and everything added to the immoveable by accession during
the usufruct.

226 PROPERTY
121 The usufructuary may lease the things comprised in the
usufruct or dispose of his right by gratuitous or onerous title.
On termination of the usufruct, the lease granted by the
usufructuary becomes subject to Articles 530, 531, 532 and
548 of the Book on Obligations.
122 Except when otherwise provided in the act constituting
the usufruct, the usufructuary may not claim any indemnity
for the improvements he has made, once the usufruct has
expired.
He may remove such improvements, however, provided
he restores the thing to the state in which he received it.
Section IV
Obligations of the usufructuary
123 Unless he is exempted therefrom, the usufructuary,
having notified the owner, must cause to be drawn up, at his
own expense, an inventory of the moveables and a statement
of the immoveables subject to his right.
A usufructuary who has not complied with this obligation
may not require the owner to grant him the things
subject to the usufruct; his delay, however, does not deprive
him of the right to the fruits from the time the usufruct opens.
124 The usufructuary must furnish security to ensure execution
of his obligations; this does not apply to a vendor or to a
donor who has reserved the usufruct.
While the usufruct lasts, he must furnish additional
security if his obligations increase.
125 If the usufructuary does not furnish security within a
reasonable period of time, the bare owner or the usufructuary

PROPERTY 227
may have the moveables and immoveables subject to the
usufruct sequestered.
The sequestrator may sell perishable things subject to
the usufruct, and invest the proceeds of the sale and any
money subject to the usufruct.
The fruits of these investments, and those derived from
the sequestrator's administration of the moveables and
immoveables subject to the usufruct, belong to the
usufructuary.
In every case, the fruits belong to the usufructuary from
the moment the usufruct opens.
126 If the moveable property under sequestration includes
things likely to depreciate with use, or if the cost of custody or
maintenance of the things would be disproportionate to their
value, the bare owner may request the court to order them
sold, and order that the proceeds be invested and the fruits
collected in the manner provided in the preceding article.
The usufructuary may, however, be allowed to have
some of the moveables necessary for his personal use left him,
provided he undertakes to produce them upon the extinction
of the usufruct.
127 The usufructuary must insure the thing against the usual
risks, particularly fire and theft, and pay all the premiums for
this insurance, until the usufruct expires.
128 The proceeds of the insurance are paid to the usufructuary
who gives a discharge to the insurer.
If the thing has been damaged or partially destroyed,
the usufructuary must use the proceeds of the insurance to
repair or restore the thing.
If the thing has been totally destroyed, the usufructuary

228 PROPERTY
enjoys the proceeds of the insurance, provided he renders an
account upon extinction of the usufruct.
129 A usufructuary who is exempted from the obligation to
insure the thing may contract insurance on his own account
for the protection of his right.
The proceeds of this insurance belong to the
usufructuary.
130 When the usufructuary is exempted from the obligation
to insure the thing, the bare owner may also contract insurance
on his own account for the protection of his rights.
The proceeds of this insurance belong to him.
131 The usufructuary must bear the usual costs of
maintenance.
costs.
He is also responsible for minor repairs and bears the
132 The usufructuary is not obliged to make major repairs
himself, except when they become necessary through his act,
particularly when no minor repairs have been made since the
opening of the usufruct.
133 Major repairs are those made to the beams and support
walls; they also include complete replacement of roofs, dams,
prop-walls, fences, and utility systems such as those for
heating, electricity and plumbing.
134 When major repairs are necessary for the preservation
of the thing, the usufructuary must advise the bare owner.
135 The bare owner is never obliged to make the major
repairs.

PROPERTY 229
If he decides to make those repairs, the usufructuary
must endure any inconveniences resulting therefrom.
If he refuses, the usufructuary may make them himself
and be reimbursed the price, without interest, by the bare
owner at the end of the usufruct.
136 The usufructuary is responsible, in proportion to the
duration of his usufruct, for all ordinary charges affecting the
immoveable subject to his right, particularly land taxes and
other annual dues or periodic contributions usually paid out of
income.
He is also liable for extraordinary charges, particularly
special taxes for improvements and other similar contributions,
when such charges or contributions are payable in
periodic instalments over a number of years.
137 The usufructuary by particular title of a thing is not
personally responsible for the hypothecs which affect it.
Similarly, when the usufruct is constituted by will, the
usufructuary by particular title is not obliged to pay any part
of the debts of the succession.
If a usufructuary is compelled to pay any of these debts
in order to preserve his right, he may require immediate
reimbursement from the debtor, or from the bare owner upon
extinction of the usufruct.
138 When a usufruct is constituted by will, the usufructuary
of the whole succession is responsible for full payment of any
annuities or any support established by the testator, and for
payment of the interest on all hereditary debts.
The usufructuary of an aliquot share of a succession, or
of all or an aliquot share of the moveable or immoveable
property is responsible for these payments in proportion only
to his share in the succession.

230 PROPERTY
139 The usufructuary by general title must contribute
towards the payment of any debts due, along with the bare
owner, as hereinbelow provided.
Each must pay the debt in proportion to his share in the
succession following an estimate, if need be, of the property of
the succession.
The bare owner is responsible for the capital and the
usufructuary for the interest.
If the usufructuary wishes to advance the amount
required to extinguish the debt, the capital is restored to him
by the bare owner without interest, upon termination of the
usufruct.
If the usufructuary does not wish to make this advance,
the bare owner may either pay the amount, in which case the
usufructuary pays him interest on the amount as long as the
usufruct lasts, or may cause a sufficient portion of the property
subject to the usufruct to be sold.
140 The usufructuary is responsible for the full cost of
proceedings relating exclusively to the right of usufruct.
If the proceedings affect the rights of both the owner and
the usufructuary, and the usufruct continues after such
proceedings, the preceding article applies.
If the usufruct terminates as a result of the proceedings,
the costs are shared equally by the usufructuary and the bare
owner.
141 If, during the usufruct, a third party encroaches on the
thing of the bare owner or otherwise threatens his rights, the
usufructuary must so notify the bare owner. If he fails to do so,
the usufructuary is responsible for all damages which may
result to the bare owner, as if he himself had caused them.

PROPERTY 231
142 Upon extinction of the usufruct, the usufructuary must
return to the bare owner all the things to which his usufruct
applies, in the state in which they then are.
The usufructuary is liable for any loss or deterioration,
unless he proves that the loss or deterioration was not due to
his fault or resulted from normal use of the thing.
Section V
Extinction of usufruct
143 Usufruct is extinguished by the death of the usufructuary
or, if the usufructuary is a legal person, by its dissolution.
Nevertheless, a usufruct cannot be created in favour of a
legal person for a term longer than twenty-five years. If a
longer term has been stipulated, it is reduced to twenty-five
years.
144 A usufruct created for the benefit of several usufructuaries,
either jointly or successively, is extinguished only upon
the death of the last surviving usufructuary.
In the case of a joint usufruct, if one usufructuary dies,
the entire usufruct subsists for the benefit of the surviving
usufructuaries.
145 Subject to Article 143, usufruct is extinguished upon the
expiry of the term for which it was granted.
If a usufruct is granted until a third party reaches a
certain fixed age, it continues until that date even if that
person dies before reaching that age.
146 Usufruct is also extinguished by confusion of the
qualities of usufructuary and bare owner; and by application
of the rules contained in the Book on Prescription.

232 PROPERTY
147 Usufruct is extinguished by the total loss of the thing
over which it was established.
If part only of the thing subject to the usufruct perishes,
the usufruct subsists upon the remainder.
If an insurance contract is in force, Articles 127, 128,
129 and 130 apply.
148 If a usufruct is established solely upon a building, and
that building is completely destroyed, the usufructuary has no
right to the ground or to the materials.
If the usufruct is established on land of which the
destroyed building formed part, the usufructuary retains his
right to the ground and to the materials.
149 If a usufruct is established upon only one animal, and
the animal perishes through no fault of the usufructuary, the
usufructuary is not required to give another in return, nor to
pay its value.
150 If the usufruct is established upon a herd or a flock and
the entire herd or flock perishes by reason of accident or
disease, through no fault of the usufructuary, the usufructuary
must account to the owner only for the skins or their value.
If the herd or flock does not perish entirely, the usufructuary
is obliged to replace only those animals which have
perished, up to the number of the increase.
151 The usufructuary who commits waste on the thing or
allows it to depreciate for want of care, or in any other manner
endangers the rights of the bare owner, may be declared to
have forfeited his right.
The creditors of the usufructuary may intervene in
contestations to ensure preservation of their rights; they may
offer to repair the waste and provide security for the future.

PROPERTY 233
The court, according to the gravity of the circumstances,
may order absolute extinction of the usufruct or the return of
the object of the usufruct to the bare owner, subject to the
owner's obligation to pay the usufructuary a fixed sum each
year, until the usufruct is extinguished.
CHAPTER II
USE AND HABITATION
152 The right of use is the right to enjoy a thing belonging to
another, and to take the fruits of the thing, but only to the
extent of the requirements of the user and of his family.
When applied to a house, this right is called a right of
habitation.
153 The rules governing usufruct apply to the right of use
and to the right of habitation, subject to express provision of
law.
154 Neither the right of use nor the right of habitation may
be transferred or leased.
155 The rights of the holder of a right of use or of habitation
are determined by his own needs and those of his family.
156 The holder of a right of habitation which applies to only
part of a building may make use of any facilities intended for
common use.
157 The holder of the right of use or of habitation who takes
all the fruits of the land or occupies the entire house is fully
responsible for the costs of cultivation, for minor repairs and
for payment of contributions, in the same manner as a
usufructuary.

234 PROPERTY
If he takes only some of the fruits, or occupies only part
of the house, he contributes in proportion to what he enjoys.
CHAPTER III
REAL SERVITUDES
Section I
General provisions
158 A real servitude is a charge imposed on one immoveable,
called the servient immoveable, in favour of
another, called the dominant immoveable, which belongs to a
different owner.
Under such charge, the servient owner must tolerate
certain acts of usage by the dominant owner, or abstain from
exercising certain rights inherent in ownership.
159 When a servitude includes an obligation to do, the
obligation can only exist as an accessory.
160 A servitude is not affected by any transfer of ownership
of the servient or of the dominant immoveable.
It remains attached to the immoveable, through changes
of ownership, subject to the provisions relating to the publication
of real rights.
161 A servitude is either continuous or discontinuous.
A continuous servitude is one the exercise of which does
not require actual intervention by its holder, such as a
servitude of view, of water conduits, or of the prohibition
against building.
A discontinuous servitude is one the exercise of which
requires actual intervention by its holder, such as a servitude
of passage.

PROPERTY 235
162 A servitude is either apparent or unapparent.
An apparent servitude is one the existence of which is
manifested by external works.
An unapparent servitude is one the existence of which is
not disclosed by any external sign.
Section II
Establishment of servitudes
163 A servitude is established by contract, by will, by
destination of owner, by acquisitive prescription, or by the
effect of law.
164 A servitude is constituted by destination of owner when
the servitude is apparent and it has been proven in writing that
the two immoveables currently divided previously belonged to
the same owner who established or maintained, between the
two immoveables, the physical arrangement which constitutes
the servitude.
165 Servitudes created by special law are governed by this
chapter, except where there is inconsistency.
Section III
Rights and obligations of the dominant owner
166 The extent of servitudes, and the rights and obligations
which derive from them, are determined by the title which
establishes them or, if the title is silent, by the rules which
follow.
167 Existence of a servitude entails existence of the means
necessary for its exercise.

236 PROPERTY
168 The dominant owner may take all measures and do all
work necessary for the exercise and preservation of a
servitude.
These measures are taken and the work is done at his
expense, unless the title establishing the servitude provides
otherwise.
169 Where a servient owner is charged by the title with
doing the work necessary for the exercise and preservation of
the servitude, he may free himself from such charge by
relinquishing to the dominant owner all of the servient
immoveable or any part of it sufficient for the exercise of the
servitude.
170 If the dominant immoveable is divided, the servitude
remains due for each portion, without the condition of the
servient immoveable being aggravated.
Thus, as regards a right of way, all owners of lots formed
by the division of a dominant immoveable must exercise such
right over the same place.
The same applies when a dominant immoveable
becomes the object of a right of co-ownership.
171 If a servient immoveable is divided, the division in no
way affects the rights of the dominant owner.
172 The dominant owner may only make use of the servitude
in accordance with his title, but he may not make any
change to the servient immoveable or to the dominant
immoveable which aggravates the situation of the servient
immoveable.

PROPERTY 237
Section IV
Rights and obligations of the servient owner
173 A servient owner may do nothing which tends to
diminish the exercise of a servitude or to render it less
convenient.
Thus, he cannot change the condition of the premises,
nor transfer the exercise of the servitude to a place other than
where it was originally assigned.
However, provided the servient owner has an interest in
it and does so at his own expense, he may require that the
servitude be transferred to another place where its exercise will
be as convenient to the dominant owner.
174 The servient owner retains the use of his immoveable,
and may perform there all acts of an owner, on the sole
condition that he not hinder the exercise of the servitude.
Section V
Extinction of real servitudes
175 A servitude is extinguished when the two immoveables
become the property of the same person.
176 A servitude is extinguished by express renunciation by
the dominant owner, and by the expiry of the term for which
the servitude is established.
177 A servitude is extinguished by extinctive prescription, in
conformity with the rules set forth in the Book on Prescription.
178 As regards discontinuous servitudes, prescription begins
to run on the day when the dominant owner ceases to perform
acts in exercise of the servitude.

238 PROPERTY
As regards continuous servitudes, prescription runs
from the day when any act is done which prevents their
exercise.
179 The manner of exercising a servitude may be extinguished
by prescription, like the servitude itself, and in the
same way.
180 Prescription runs even when a dominant immoveable or
a servient immoveable undergoes a change of such a kind as to
render exercise of the servitude impossible.
CHAPTER IV
INDIVISION
Section I
General provisions
181 Property may belong to several persons in undivided
ownership.
This condition is called undivided ownership or coownership.
182 The shares of co-owners are presumed to be equal.
183 Each co-owner has the rights and obligations of an
exclusive owner as regards his share, subject to the restrictions
and conditions which follow.
184 The co-owners jointly administer the property.
Decisions concerning administration are made by a
majority in value of the co-owners.
Nevertheless, all the co-owners must be in agreement in

PROPERTY 239
order to alienate the thing, to affect it with a real right, or to
change its destination.
185 The co-owners bear all administrative costs, taxes and
other expenses, each in proportion to his share.
186 The administration of undivided property may be
vested in one or more administrators.
187 The administrator is appointed by a majority in value of
the undivided owners, saving unanimous agreement of the coowners
requiring a larger majority.
In the absence of such appointment, the administrator
may be appointed by the court, for a legitimate reason, on
motion by any undivided owner.
188 The administrator may be dismissed by the undivided
owners in the same way as he was appointed.
Similarly, he may be dismissed by the court, for a
legitimate reason, on motion by any undivided owner.
189 The administrator may perform any act which a majority
of the undivided owners may perform under Article 184,
except the leasing of an immoveable or a business concern
which was not rented at the time the administrator was
appointed, or contracting any loan without the authorization
of a majority in value of the undivided owners or leave of the
court.
With the unanimous consent of the undivided owners,
he may alienate the undivided property, affect it with real
rights or change its destination.
190 Each undivided owner may make use of the undivided
thing, provided he does not affect its destination nor the rights
of the other co-owners.

240 PROPERTY
191 The undivided owner may alienate or hypothecate his
undivided share, and his creditors may seize it, saving the
restrictions hereinafter mentioned.
192 The undivided owner who intends to transfer by onerous
title all or part of his share to a person other than another
co-owner must, in writing, notify the other undivided owners
and the administrator of the price and the conditions of the
proposed transfer, and indicate the name and address of the
prospective acquirer.
Any undivided owner may advise the transferor, in
writing, within one month following the notification, that he is
exercising a right of pre-emption at the price and conditions of
which he has been advised.
193 If more than one undivided owner exercise the right of
pre-emption, each of them may acquire a fraction of the share
offered which is proportionate to his interest in relation to that
of the others exercising the right.
If the undivided owners fail to avail themselves of the
right of pre-emption, the transferor may carry out the proposed
transfer, provided he do so within six months of the
notification.
194 A transfer made contrary to the preceding articles, by an
undivided owner to anyone other than another undivided
owner, is null.
The action in annulment may be exercised only by the
undivided co-owners.
195 The creditors, even the hypothecary creditors, of an
undivided owner may not demand partition except by subrogatory
action in cases where the debtor himself may make
such application.
He may, however, proceed to seizure and sale of his

PROPERTY 241
debtor's undivided share, and, should the case arise, exercise
the hypothecary recourses provided for by law.
In the event of a sale by judicial authority, each
undivided owner may avail himself of the right of preemption.
196 Any transfer by an undivided owner, either to another
undivided owner or to a third party, must be served upon the
other undivided owners and the administrator or be accepted
by them, in writing, in order to be set up against them.
197 No person is compelled to remain in undivided
ownership.
Each co-owner may, at any time, apply for partition;
this right is not subject to prescription.
198 However, partition may be postponed by express agreement
for a period not exceeding five years. This agreement is
renewable.
As regards immoveables, the agreement must be published
in order to be set up against third parties.
199 Any agreement or stipulation contrary to the two
preceding articles is without effect.
200 If a demand for partition is made at an inopportune
time, the court may temporarily order entire or partial
continuation of the undivided ownership and make any order
it considers necessary.
The judgment continuing undivided ownership in
respect of immoveables must be published in order to be set up
against third parties.
201 Undivided ownership ends by partition in kind of the
thing or by its alienation.

242 PROPERTY
Any act the effect of which is to terminate undivided
ownership is considered partition, even though the act is
referred to as a sale, an exchange, a settlement or by any other
name.
In so far as they are applicable, the provisions of the
Book on Succession relating to partition govern every
partition.
Section II
Particular provisions relating to co-ownership of ships
202 In matters of common interest relating to the equipping,
management and manning of a ship, decisions are made by a
majority in value of the co-owners, unless otherwise provided
in the agreement.
203 If opinion is equally divided as to whether or not a ship
will be used, the opinion supporting its use prevails.
204 In the cases provided in the two preceding articles, the
owners who objected have the right to claim exemption from
liability and to claim an indemnity according to the circumstances,
at the discretion of the court.
205 The sale of a ship by licitation may be ordered only if it
is demanded by the owners holding at least one-half of the
total interest in the ship, unless otherwise provided in the
agreement.
Section III
Condominium
§ - 1 General provisions
206 This section governs every immoveable made subject to

PROPERTY 243
it by the registration of a declaration of condominium
whereby the ownership of the immoveable is apportioned
between its owners in fractions, each comprising an exclusive
portion and a share of the common portions.
A person, even acting alone, may register a declaration
of condominium and therein declare himself owner of each
fraction.
207 Each fraction constitutes a separate entity and may be
the object of a total or partial alienation comprising in each
case the share of common portions pertaining to the fraction
or portion of a fraction alienated.
208 Each co-owner has an undivided right of ownership in
the common portions.
His share in the common portions is equal to the value of
the exclusive portion of his fraction in relation to the aggregate
of the values of the exclusive portions.
209 The common portions and the rights accessory to them
cannot be the object, separately from the exclusive portions, of
an action in partition or of a forced licitation.
210 The common portions of the immoveable are those
which are declared common by the declaration of condominium
and, failing contrary provision in the declaration, those
are common which are appropriated to the use of all the coowners,
such as the soil, yards, parks and gardens, ways of
access, basements, foundations and main walls of buildings,
common equipment and apparatus, central heating system,
piping and wiring, including that which crosses exclusive
portions, the stairs and elevators, passages and corridors and
parking and storage places.
211 Partitions or walls separating exclusive portions from
other exclusive or common portions and not included in the

244 PROPERTY
foundations and main walls of buildings are presumed
common between the premises which they separate.
212 Each co-owner disposes of the exclusive portions included
in his fraction.
He uses and enjoys freely the exclusive portions and the
common portions provided he does not impair the rights of
the other co-owners or the destination of the immoveable.
213 Any co-owner who is disturbed in his rights or in his
enjoyment of the premises may act directly against the person
causing the disturbance, provided he so informs the administrators
in writing.
214 Notwithstanding Article 297, a hypothec existing on the
whole of an immoveable held in condominium is divided
between each fraction according to the relative value of each
of them, as determined in the declaration.
215 Each of the co-owners is bound to contribute, in accordance
with the provisions of the declaration or, failing this, in
proportion to the relative value of his fraction established in
the declaration, to all costs resulting from the condominium
and the operation of the immoveable and particularly to the
costs of conservation, maintenance and administration of the
common portions and to the expenses caused by the operation
of the common services.
§ - 2 Declaration of condominium
216 The declaration of condominium defines the destination
of the immoveable and of its exclusive and common portions,
of which it gives a detailed description.
It determines the relative value of each fraction, having
regard to the nature, area and situation of the exclusive
portion which it comprises, but without taking its utilization
into account.

PROPERTY 245
Subject to the provisions of this section, it specifies the
conditions of enjoyment of the common portions and utilization
of the exclusive portions, and lays down the rules for
the administration of the common portions.
217 The declaration of condominium must be in the form of
a notarial deed en minute; the same applies to the amendments
made thereto.
At the time of registration, the declaration must be
signed by all the owners of the immoveable and be accompanied
by the written consent of all holders of hypothecs
registered against the immoveable.
The registration of the declaration and of the amendments
thereto is effected by deposit.
218 The declaration and the amendments to it are binding
upon the co-owners and their successors by general title.
They are binding upon their successors and transferees
by particular title from the date of the registration of their
rights.
219 The declaration may not impose any restriction upon
the rights of the co-owners except those which would be
justified by the destination, characteristics or situation of the
immoveable.
220 If justified by the destination, characteristics or situation
of the immoveable, clauses prohibiting the alienation of a
specific portion of a fraction, or providing that the carrying
out of works which may affect the common portions shall be
subject to approval by a general meeting, are permitted.
The alienation of a specific portion of a fraction is null if
the declaration, the cadastral plan and the book of reference
have not previously been amended, with the necessary authorizations,
so as to create a new fraction, describe it, assign a

246 PROPERTY
separate cadastral number to it and determine its relative
value.
§ - 3 Administrators
221 The declaration of condominium must provide for the
appointment of one or more persons to act as administrators,
and for the mode of their replacement in case of refusal to
accept, death, or other cause of vacancy, as long as the
immoveable is governed by this section.
When it is impossible to replace them under the terms of
the declaration, or when the replacement has not been made, a
judge of the Superior Court, upon motion by any interested
person, may appoint administrators to replace them, after
notice to the co-owners.
The declaration fixes the method of remuneration of the
administrators.
222 In the performance of their duties, the administrators
are bound to act with prudence and diligence.
223 The instrument of appointment, resignation or removal
of an administrator is valid only from the registration of it in
the office of the registration division in which the immoveable
entrusted to his administration is situated.
The registration is effected by deposit.
However, want of registration of the instrument of
appointment cannot be invoked against third parties in good
faith.
224 The administrators must render an account of their
administration to the co-owners in a general meeting at least
once a year.
They must likewise render an account as often as the

PROPERTY 247
declaration or their contract of engagement so requires and
also whenever they cease to hold office.
The powers of an administrator do not pass to his heirs
or other successors, but the latter are bound to render an
account of his administration.
225 The administrators are not personally liable to third
parties with whom they contract in the performance of their
duties.
226 Subject to the powers of a meeting of the co-owners, the
administrators are entrusted with the conservation of the
immoveable, the maintenance and administration of the
common portions in accordance with their destination, and all
measures in the common interest.
227 If they have been duly authorized, acts of acquisition of
common portions or other real rights are validly made by the
administrators alone and are binding upon the co-owners as if
they were parties thereto.
The same applies to acts of alienation or in constitution
of real rights.
228 If they are duly authorized, the administrators as such
may acquire or alienate exclusive portions by onerous or
gratuitous title, and such portions do not thereby lose their
characteristics.
They have no vote at general meetings in virtue of
exclusive portions acquired by them.
229 The administrators have also the quality to act before
the courts, as plaintiff or defendant, even against the coowners.
230 The administrators are responsible, as such, as well to
each co-owner as to third parties, for damage caused by failure

248 PROPERTY
to maintain or by defects in the construction of the common
portions, subject to all recursory actions.
231 A judgment condemning the administrators to pay a
sum of money is executory against each of the persons who
were co-owners at the time when the cause of action arose, in
the relative proportion of his fraction, according to the
declaration.
232 The administrators, if they deem it expedient, may take
out insurance against fire or other risks, including liability
towards third parties.
They must do so to the extent provided in the
declaration.
§ - 4 Meetings of co-owners
233 The co-owners must hold a general meeting at least once
each year.
234 The powers of a meeting of the co-owners and the
procedure to be followed are determined by the declaration,
subject to the provisions which follow.
235 Each co-owner is entitled to a number of votes proportionate
to the relative value of his fraction.
236 Failing provision to the contrary in the declaration and
subject to the following provisions, co-owners or their mandataries
holding the majority of the votes constitute a quorum at
meetings, and decisions are taken by the majority vote of the
co-owners present or represented at the meeting.
237 Decisions respecting the following matters can be taken
only by the vote of at least one-half of the co-owners or their
mandataries representing at least three-fourths of the votes:
l.acts of acquisition of immoveables and of partial
alienation of common portions;

PROPERTY 249
2. amendment of the declaration or of the plan accompanying
it;
3. works involving the alteration, enlargement or improvement
of common portions and the apportionment
of the cost of such works;
4. reconstruction or repair in case of loss;
5. acts of alienation or acquisition of exclusive portions in
the case contemplated by Article 228.
238 Notwithstanding the preceding article, a meeting of coowners
cannot impose upon a co-owner, contrary to the
declaration, any change in the relative value of his fraction,
the destination of the exclusive portions of his fraction or the
use he may make of it.
239 Except by unanimous vote, the co-owners cannot directly
or indirectly change the destination of the immoveable.
They cannot, except by unanimous vote, decide upon
the alienation of common portions the retention of which is
necessary to the destination of the immoveable.
240 Failing provision to the contrary in the declaration:
1. meetings shall be called by the administrators by a
notice in writing mentioning the time, place and purpose
of the meeting and sent by registered or certified
letter to the co-owners at least fifteen days in advance;
2. co-owners are presumed to have elected domicile at the
immoveable held in condominium;
3. a special meeting may be called by the co-owners
holding one-fourth of the votes at meetings, or by their
mandataries;
4. co-owners in undivided ownership of a single fraction
must be represented by a single mandatary, who may be
one of their number;
5. the appointment of a mandatary must be made in

250 PROPERTY
writing, over the signature of the mandator or of his
attorney authorized in writing; if the mandator is a
corporation, it must be made over the signature of a
person authorized for such purpose, in accordance with
a resolution of the corporation.
§ - 5 Sharing of costs
241 The amount and due date of the sums necessary to meet
the costs of maintenance of the immoveable and for all
expenses are fixed by the administrators after consultation
with a meeting of the co-owners.
The administrators must notify each co-owner without
delay of the amount he must pay.
242 The declaration of condominium may constitute, on
each fraction, a hypothec in favour of the administrators to
secure payment of sums which are owed to them.
The hypothec may be published, even though the
amount of these sums is not mentioned in the declaration.
However, the hypothec is extinguished with respect to a
particular sum if, within three months after its exigibility, the
administrators have not registered a notice in accordance with
Articles 302 and 381.
Any administrator has the quality to register the hypothec
and to grant mainlevee of it.
243 No co-owner may interfere with the carrying out of
works required for the conservation of the immoveable
decided upon by a meeting of the co-owners even within
exclusive portions.
Nevertheless a co-owner who suffers prejudice by the
carrying out of works, either because of a temporary but
serious disturbance of enjoyment or because of a permanent

PROPERTY 251
diminution in the value of his fraction, is entitled to an
indemnity payable by all the co-owners in proportion to their
participation in the cost of the works.
§ - 6 Miscellaneous
244 In case of the total or partial destruction of a building, if
the decision to rebuild is not made within ninety days, the
rights of condominium are liquidated by the distribution
among the co-owners of the net proceeds of the sale and the
indemnities from insurance taken out by the administrators,
in proportion to the value of their respective fractions, less any
amount due to the administrators.
245 Each fraction of the immoveable constitutes a separate
entity for the purposes of valuation and of levying taxes and
assessments, including municipal and school taxes.
The administrators must be impleaded in any judicial
contestation by a co-owner respecting valuation of his
fraction.
246 Condominium of an immoveable may be terminated by
means of a notice which must be signed by all the co-owners
and accompanied by the written consent of all holders of
hypothecs registered against all or part of the immoveable.
The notice is registered in the same manner as the
declaration of condominium.
247 Failing any provision to the contrary in the declaration,
the rules relating to judicial partition and licitation of
common property apply to the liquidation of the rights of
condominium from registration of the notice mentioned in the
preceding article or from the expiry of the period mentioned in
Article 244.

252 PROPERTY
CHAPTER V
EMPHYTEUSIS
Section I
General provisions
248 Emphyteusis is an immoveable real right resulting from
a contract by which the owner of an immoveable transfers it
for a period of time to another person, called the emphyteutic
holder, who undertakes to make improvements to the immoveable
and to pay the owner an annual rent.
249 The term of emphyteusis must be established in the
contract.
It must be for more than nine years, but it may not
exceed ninety-nine years. This provision is imperative.
250 The holder has all the rights of an owner over the
immoveable.
Upon the expiry of the emphyteusis, the owner takes
back the immoveable free of all the rights and charges agreed
to by the holder.
251 The creditor of the holder may have the holder's rights
seized and sold by following the formalities for seizure and
judicial sale of immoveables.
The purchaser has all the rights and obligations of the
holder towards the owner.
The above provisions apply, inversely and in the same
manner, to any adjudication made at the instance of the
owner's creditor.

PROPERTY 253
Section II
Respective rights and obligations of owner and holder
252 In matters of warranty, the obligations of an owner are
the same as those of a vendor.
253 The holder is bound to pay the owner the annual rent
agreed upon.
It may be provided that such rent is payable in
instalments.
254 The owner is entitled to the resiliation of the contract if
the holder does not pay his annual rent for three years.
255 The holder is responsible for a partial loss of the
immoveable; he may not apply for release or for reduction of
the rent.
256 The holder is responsible for all taxes and other similar
charges affecting the immoveable.
257 The holder must make the improvements to which he
has obliged himself.
258 If the holder causes any deteriorations which considerably
lower the value of the immoveable, the owner may
demand the resiliation of the contract and have the holder
ordered to restore the things to their former state.
259 The holder must make all major and minor repairs to
the immoveable, and to all improvements which he has made
in the execution of his obligation.
260 Resiliation of a contract of emphyteusis by reason of the
lessee's failure to execute any of his obligations is governed
by Articles 420, 439 and 441.

254 PROPERTY
Section III
Termination of emphyteusis
261 Emphyteusis terminates:
1. by expiry of the period for which it was contracted, or
after ninety-nine years when a longer term has been
provided for; it is not subject to tacit renewal;
2. by total loss of the immoveable;
3. by resiliation of the contract;
4. by confusion of the qualities of owner and holder, but
without prejudice to the rights of third parties.
262 Upon termination of the contract, the holder must
restore in good condition the immoveable, and all improvements
which he had undertaken to make, unless they
have perished by fortuitous event.
263 With regard to useful improvements which were not
provided for in the contract, the holder is in the position of a
possessor in bad faith.
CHAPTER VI
THE RIGHT OF SUPERFICIES
Section I
General provisions
264 The right of superficies is an immoveable real right
which allows the superficiary to be the owner of buildings,
works or plantations on an immoveable belonging to another.
265 The immoveable is charged with those servitudes indispensable
to the exercise of the right of superficies.

PROPERTY 255
266 The right of superficies terminates:
l.by the total loss of the immoveable which is its object,
saving any contrary agreement;
2. by confusion of the qualities of superficiary and owner
of the immoveable;
3. by the fulfilment of a resolutory condition;
4. by the arrival of the term, if any.
267 When the right of superficies terminates, and in the
absence of any contrary agreement, the superficiary may
remove, at his own expense, the buildings, works and plantations,
provided he restores the immoveable in its original
condition, and he may be required to do so by the owner of the
immoveable.
Section II
Construction lease
268 A construction lease carries with it a right of superficies
in favour of the lessee of an immoveable when, according to
the contract, the lessor allows the lessee to erect constructions
on the immoveable and recognizes the lessee's right of
ownership in them.
269 The lessee may alone charge, even in favour of third
parties, the immoveable he has leased from the lessor with
such servitudes as are useful for the purposes of the lease.
These servitudes terminate upon the expiry of the term
stipulated in the lease.
270 A construction lease may only be agreed upon for a
limited term, which cannot exceed ninety-nine years.
It cannot be prolonged by tacit renewal.

256 PROPERTY
271 The contract must stipulate a rent.
The parties may agree that the lessee will be bound to
carry out certain works or constructions with a view to
guaranteeing the payment of the rent.
272 The rent may vary during the course of the lease
according to the terms stipulated in the contract.
273 The lessor and the lessee each pay the taxes and other
charges upon their respective properties.
274 If the constructions are destroyed by a fortuitous event
during the course of the lease, the court may pronounce the
resiliation of the lease and award indemnities if any.
275 The lessee may transfer his rights under the lease.

PROPERTY 257
TITLE FIVE
SECURITY ON PROPERTY
CHAPTER I
PRELIMINARY PROVISIONS
Section I
Common pledge of creditors
276 Any person who incurs a personal obligation renders
liable for its execution all his moveable and immoveable
property, present and future, except such property as is
declared by law to be exempt from seizure.
277 A stipulation of exemption from seizure in an act by
onerous title has no effect.
Likewise, property given or bequeathed upon condition
that it be exempt from seizure is seizable, unless, in the opinion
of the court, the property is necessary for purposes of support.
278 Moveable property belonging to the debtor which
furnishes his principal residence and is intended for household
use, save luxury articles, works of art, antiques and collections,
is exempt from seizure.
This provision is imperative.
279 When creditors claim together, the price of the property
of the debtor is shared rateably, unless there are causes of
preference among them.
280 The sole causes of preference are hypothecs.

258 PROPERTY
Section II
Presumption of hypothec
281 No person may assert a right to property in order to
secure payment of an obligation, except by way of hypothec.
Any stipulation the effect of which is to preserve or
confer a right to property in order to secure payment of an
obligation is a stipulation of hypothec.
It may only preserve or confer a hypothec in favour of
the creditor, subject to the formalities required for constitution
and publication of hypothecs.
282 The preceding article applies regardless of the number,
name or nature of any acts made, and notwithstanding the
terms used.
Thus, regardless of the conditions, any alienation or
lease of property or any other agreement which comes under
the preceding article entails transfer of ownership subject to a
hypothec in favour of the creditor or, as the case may be,
merely confers a hypothec upon him, and any option or
obligation to purchase which it may entail is then without
effect.
283 The creditor who, under Articles 281 and 282, has only
a hypothec may not, by agreement with a third party,
prejudice the rights of the grantor in the property if the acts
containing the stipulation of hypothec have been registered.
284 Notwithstanding Article 262 of the Book on Obligations,
no sale is subject to resolution by reason of the
purchaser's failure to execute his obligations.
285 Any stipulation inconsistent with this section is without
effect.

PROPERTY 259
Section III
Right of retention
286 The holder of moveable property may retain it until he
has been paid the costs of preservation and of the necessary
repairs or improvements for which he is entitled to
reimbursement.
Notwithstanding Articles 281 to 283, there is then no
hypothec.
287 The right of retention may be set up against anyone.
Involuntary dispossession does not terminate the
holder's right; he may revendicate the property in accordance
with the Code of Civil Procedure.
Section IV
The vendor's right of revendication
288 The vendor of moveable property who has not been paid
may revendicate the property, subject to the following
conditions:
1. the sale must not have been made with a term;
2. the property must be complete and in the same
condition;
3. the property must not have passed into the hands of a
third party who has paid for it;
4. the claim must be made within thirty days following
delivery.
289 The sale of the property in the course of judicial
proceedings in revendication has no effect.
The seizure of the property by a third party while the

260 PROPERTY
vendor is still within the prescribed period and the property
still complies with the conditions prescribed for revendication
does not constitute a bar to the right of the vendor to
revendicate it.
In this case, the vendor may also apply for resolution of
the sale.
CHAPTER II
GENERAL PROVISIONS
290 A hypothec is a right on property which is made liable
for the payment of an obligation, in virtue of which the
creditor may follow the property in the hands of whomsoever
it may be, and exercise the rights provided for in this Title.
291 A hypothec may only exist in the cases and according to
the formalities authorized by this Code.
292 A hypothec is conventional, judicial or testamentary.
293 A hypothec may float.
294 A hypothec is special; it may also be general.
A special hypothec is a charge on specific property.
A general hypothec is a charge on all present and future
property in a universality or in the universality of the grantor's
property.
It may also be stipulated that it will encumber only
present property.
295 A person who cannot sell cannot hypothecate.
296 A hypothec may be granted by the debtor or by a third
party.

PROPERTY 261
297 A hypothec is indivisible and subsists in whole upon all
the properties made liable, upon each of them and upon each
portion of them, even though the obligation is divisible.
A hypothec extends to all subsequent accretions and
improvements to, and increases in, the hypothecated property.
298 A hypothec secures the principal and any interest
accruing, subject to the restrictions set forth in the Book on
Publication of Rights, and all costs legitimately incurred.
299 A hypothec may be granted for any obligation whatever.
300 A hypothec is merely an accessory.
Subject to Article 335, it is valid only as long as the
obligation the payment of which it secures subsists.
301 A hypothec granted to secure payment of a sum of
money is valid even if, when it is granted, the debtor has not
received the sum for the payment of which he granted the
hypothec, or has received only part of the sum.
This rule applies in particular with respect to the issue of
bonds by a corporation and to lines of credit.
302 A hypothec is valid only if the amount for which it is
granted and the value of the obligation, for the payment of
which the hypothec is granted, are certain and determinate in
the act constituting the hypothec.
Nevertheless, the obligation whose payment the hypothec
secures may be conditional or of indeterminate value;
in the latter case, the creditor may not publish his hypothec
except to the extent of the estimated value expressly declared
by him at the time the hypothec was granted, or subsequently;
the debtor may then, if need be, register a declaration
stating the amount of the hypothec according to Article
337.

262 PROPERTY
303 The preceding article does not apply to life annuities or
to other obligations assessable in money and stipulated in gifts
and wills.
304 Hypothecs may be granted on moveable property,
immoveable property, or both together, whether such property
is corporeal or incorporeal.
305 A hypothec on property exempt from seizure has no
effect.
306 A hypothec affects property from the moment it is
granted or, where the grantor is not the holder of the rights he
hypothecates, from the moment he acquires such rights.
307 A person who has a conditional right or a right subject
to nullity may only grant a hypothec subject to the same
condition or nullity.
308 A hypothec granted on the bare ownership extends to
the full ownership upon extinction of the usufruct.
The same applies to a hypothec granted by the lessor
upon expiry of the emphyteutic lease.
309 A hypothec granted on a thing which belongs to another
has no effect unless the grantor subsequently becomes its
owner.
310 When a hypothec is cancelled under Article 100 of the
Book on Publication of Rights, the creditor has a hypothec on
the amount he has deposited.
311 A hypothec on shares of the capital stock of a corporation
subsists on any shares or other securities received or
issued upon redemption, conversion, amalgamation, division,
or cancellation of the hypothecated shares, or upon any other
change in the shares.

PROPERTY 263
The creditor may not oppose these changes by reason of
his hypothec.
In all cases, the creditor in possession of the shares may
proceed, by virtue of the hypothec itself, with the necessary
formalities.
312 A general hypothec on debts does not extend to any
claim which may result from the sale of the debtor's other
property by a third party in the exercise of his rights.
Nor does the hypothec extend to any amount paid
under an insurance contract on the debtor's other moveable or
immoveable property.
313 The provisions in this Title are supplemented by commercial
practice and usages where consistent.
CHAPTER III
CONVENTIONAL HYPOTHECS
Section I
Hypothecs on immoveable property
314 A hypothec on immoveable property must be granted,
on pain of absolute nullity, by an act in authentic form en
minute.
However, a hypothec granted in favour of an architect,
an engineer, a contractor, a sub-contractor, a supplier of
materials, or a workman on an immoveable upon which
construction work, demolition, repairs or alterations are
carried out by them, may be granted by an act signed in the
presence of a notary or in the presence of two witnesses.
315 A hypothec on immoveable property is valid only if the

264 PROPERTY
act granting it specifically designates the property hypothecated
in accordance with Article 65 of the Book on Publication
of Rights.
316 A hypothec on immoveable property carries with it a
hypothec on the present and future rents produced by the
property and on the insurance covering it.
Publication of a hypothec on rents and insurance, and
the rights of creditors relating to collection of moneys, are
nonetheless governed by the provisions applicable to hypothecs
on debts.
Section II
Hypothecs on moveable property
317 A conventional hypothec on moveable property must be
granted, on pain of absolute nullity, in writing.
However, no writing is required when the hypothec is
published by giving the creditor possession, unless a third
party takes possession on behalf of the creditor.
318 Moveable property which has been hypothecated must
be described accurately enough to distinguish it.
319 A hypothec on support, salaries and other remuneration
not yet exigible has no effect.
320 A hypothec on any right resulting from a life insurance
contract is valid only with the consent of all those holding
irrevocable rights therein.
321 When a hypothec is granted on minerals, materials or
other things which are an integral part of an immoveable, to
take effect only from the time when they exist separately as
moveables, the rules relating to hypothecs on moveables apply

PROPERTY 265
provided a notice of the hypothec is registered against the
immoveable.
The hypothec affects the property from that moment
only, but it ranks from the time of its publication.
322 A special hypothec on future moveable property may be
granted only by an artisan, a farmer, a professional, a trader or
a corporation, and only if the property is to be used for the
purposes of his or its business, operations, establishment,
enterprise or profession, or in the cases where the property is
the object of it.
Such hypothec may, nevertheless, be granted by any
person in favour of a vendor or of a person who grants credit
for the purpose of acquiring that moveable property.
323 This Title applies to ships only if, when a right of
retention is created or a hypothec is published, the ship subject
to such right or hypothec is not registered under the Canada
Shipping Act, or under equivalent foreign legislation.
324 A hypothec on a ship not registered under the Canada
Shipping Act or under equivalent foreign legislation does not
subsist after the ship has been registered as required in such
legislation, unless the hypothec was published before the ship
was registered.
325 A hypothec on cargo or freight subsists even if the
property is aboard a ship registered under the Canada
Shipping Act or under equivalent foreign legislation, subject,
however, to the rights in the property granted under such
legislation.
The same is true for hypothecs granted on the property
when it is aboard ship.

266 PROPERTY
Section III
General hypothecs
326 When a general hypothec affects property included in a
universality, a description of the mass suffices.
When it affects all of the grantor's property, mention of
this fact is considered a description.
However, a general hypothec is published in respect of
each immoveable affected only by registration of a declaration
in accordance with Article 381.
327 A general hypothec on moveable property may be
granted only by an artisan, a farmer, a professional, a trader or
a corporation, and only if the property is to be used for the
purposes of his or its business, operations, establishment,
enterprise or profession, or in the cases where the property is
the object of it.
Section IV
Floating hypothecs
328 Until the floating hypothec has crystallized, the grantor
may alienate, hypothecate or dispose of the property affected
as if the hypothec had not been granted; the conditions or
restrictions stipulated in the constituting act, regarding these
rights, have no effect except between the parties, even though
third parties may have knowledge of them.
However, a bulk sale made by the grantor cannot be set
up against the holder of a floating hypothec.
Similarly, the amalgamation or reorganization of a
corporation which has granted a floating hypothec may not be
set up against the holder of the hypothec.

PROPERTY 267
329 A floating hypothec crystallizes by the intervention of
the creditor who, when the debtor fails to execute one of the
obligations incumbent upon him by virtue of the agreement or
by law, notifies the debtor and the grantor, in the manner set
forth in Article 380, as to both the default reproached and the
fact of crystallization.
Crystallization is without effect with regard to third
parties until the registration of the notice.
330 The floating hypothec ranks only from the time of
registration of the notice of crystallization, even though the
hypothec has been published.
Nevertheless, the creditor holding a general floating
hypothec may, after the registration of a notice of crystallization,
exercise the recourse of taking possession by preference
over any other creditor who has only published his own
hypothec after the publication of the floating hypothec.
331 When property affected by a floating hypothec is seized
by a third party, the creditor who holds the floating hypothec
may cause his hypothec to crystallize on all the property
affected, at any time before the judicial sale.
332 Once a special floating hypothec has crystallized, it
carries with it all the effects of a hypothec on any rights which
the grantor may still have in the property affected.
333 Once a general floating hypothec has crystallized, it
carries with it all the effects of a hypothec on any rights which
the grantor may still have to the property included in the
universality.
The hypothec remains general, however, and affects
property in which the debtor acquires rights after
crystallization.

268 PROPERTY
334 Once the debtor's default is remedied, the creditor may
cancel the crystallization.
The effects of crystallization cease on the registration of
the cancellation.
Section V
Hypothecs securing payment of renewable obligations
335 In cases of lines of credit and in all other cases where the
debtor obliges himself anew pursuant to a stipulation in the
act constituting the hypothec, the hypothec subsists even after
all or part of the obligation is executed, unless the hypothec
has been cancelled.
336 If the creditor refuses to lend further sums in accordance
with the act constituting the hypothec, the debtor may obtain
the cancellation of the hypothec on paying only the amount
then owing.
337 In the case of Article 335, the debtor, subject to his other
rights, may register a declaration accompanied by a statement
of his debt which he may require from his creditor for such
purpose, the effect of which is to maintain such debt at the
amount then owing and, where applicable, to reduce the
amount for which the hypothec was granted.
Section VI
Hypothec on debts
338 The creditor who has a hypothec on a debt collects the
fruits yielded by it and imputes them in accordance with the
rules in this Title.
The creditor likewise collects and imputes the capital of

PROPERTY 269
the hypothecated debt which becomes due while the hypothec
is in existence.
339 The creditor, however, may authorize the hypothecary
debtor to collect any capital reimbursements or any fruits
from the hypothecated debts as they become due.
340 The creditor then loses his hypothec on the sums which
he has allowed to be collected by someone else in accordance
with the stipulation or otherwise.
341 The creditor may always withdraw such authorization;
he must then serve upon his debtor and upon the debtor of the
hypothecated debts a notice to the effect that he will henceforth
collect the sums exigible.
The service is made in the ordinary manner or by
registered or certified mail, or according to Article 139 of the
Code of Civil Procedure.
342 A creditor authorized to collect sums on hypothecated
debts grants a discharge for the sums collected.
He is not required to institute proceedings for the
recovery of any capital or interest which becomes exigible
while the hypothec is in existence, but he must inform his
debtor, within a reasonable period, of any default in payment
of sums exigible on these debts. Any stipulation to the
contrary is without effect.
343 In all cases, the hypothecary creditor or the hypothecary
debtor may institute proceedings for recovery, provided he
impleads the other.
The action interrupts prescription running against
either the hypothecary creditor or the hypothecary debtor.
344 The creditor returns to the hypothecary debtor the sums

270 PROPERTY
collected which exceed the capital of the claim, the interest
and the costs incurred.
Any stipulation to the effect that the creditor may retain
all or part of those sums is without effect.
345 A debtor who accepts the hypothecation of his debt by
his creditor in favour of a third party may no longer invoke
against that third party the compensation which he could
have invoked against his creditor prior to acceptance.
A hypothec which is not accepted by the debtor, but can
be invoked against him, only prevents compensation of the
original creditor's obligations that were created after the
hypothec could be invoked against him.
Section VII
Memorandum of hypothec
346 In an act constituting a hypothec, the parties may agree
to have the debtor's obligation set down in a negotiable
instrument, called a memorandum of hypothec.
The agreement may not take place when the publication
of the hypothec is to be effected by the putting of the creditor
into possession.
The debt mentioned in a memorandum may be transferred
only if the memorandum is transferred in accordance with
this section.
347 If a hypothec is granted upon moveable property, the
constituting act must be in authentic form, en minute or en
brevet; otherwise, the title is not negotiable.
348 The deed en brevet may be received in only one original
which bears the words "memorandum of hypothec", and the
certificate of registration.

PROPERTY 271
349 The notary who receives a deed en minute constituting a
hypothec on moveable or immoveable property may issue
only one copy of that deed, which is deposited for registration.
The copy bears the words k w memorandum of hypothec''
and the certificate of registration.
350 The notary delivers the memorandum to the creditor.
351 Registration of the deed constituting the hypothec
benefits the creditor and all those who, following the last
endorsement or the physical possession of a memorandum
endorsed to bearer, are holders of claims, without it being
necessary to register the transfer of the memorandum.
352 Notwithstanding Articles 348 and 349, the parties may
require the notary to issue a number of memoranda to the
creditor, each memorandum representing a fraction of the
total obligation the aggregate of which is equivalent to the
total obligation.
Fractional memoranda must be numbered consecutively;
each of them bears the words "fractional memorandum
of hypothec" and the registration certificate.
The deed constituting the hypothec and each fractional
memorandum must indicate the number of fractional memoranda
and the amount of each.
353 The holders of fractional memoranda may only exercise
the hypothecary recourse of judicial sale provided for in
Articles 446 to 450, unless they all act together in the exercise
of other recourses.
The holders are paid in proportion to the value of their
respective memoranda.
354 If a memorandum has never been transferred, the

272 PROPERTY
creditor grants a mainlevee or a discharge by an authentic
deed, on producing the unendorsed memorandum.
If the memorandum has been transferred, only the final
transferee of the memorandum may grant the mainlevee or
discharge. He must then present a memorandum to bearer or a
memorandum bearing an uninterrupted series of endorsements,
the last of which is in his favour or to bearer.
Upon receiving the mainlevee or discharge, the notary,
under his signature, enters on the memorandum a reference to
the mainlevee or to the full or partial discharge, and in the
second case, he cancels the memorandum.
355 Cancellation of the hypothec is then obtained upon
deposit of the deed of mainlevee or discharge, without it being
necessary to produce the memorandum.
356 The court, upon motion, may order the notary to issue a
second memorandum to the creditor who has established that
the memorandum which he holds has been lost, stolen or
destroyed.
The court may not grant the motion unless, after the
debtor has been impleaded, the creditor has taken, to the
satisfaction of the court, all means necessary to guarantee
third parties against any consequences which the issue of a
second memorandum might have.
The second memorandum must, in addition to what is
required by Articles 348 and 349, contain a reference to the
judgment ordering its issue, and to the amounts already paid,
if any; it must include a mention of the fact that it is not a first
memorandum.
If before judgement is served on him, the debtor pays on
presentation of the first memorandum, he is discharged.
357 The deed constituting the hvoothec must stipulate that

PROPERTY 273
the debt and interest will be paid either directly to the holder
of the memorandum or at the place agreed upon in the deed.
In the second case, the place may not be changed except with
the consent of the interested parties, given in a registered
authentic deed referred to on the memorandum.
Where the parties have agreed that all payments will be
made at the same place, a receipt from the person authorized
to receive the payment may be set up against any holder of the
memorandum.
358 No payment made in anticipation to any previous
holder may be set up against the holder of a memorandum,
unless reference has been made to this on the memorandum.
359 A memorandum is transferred by endorsing it to order
or to bearer and remitting it to the transferee, without it being
necessary to serve it on the debtor or the possessor of the
hypothecated property.
360 The endorsement must be pure and simple; any condition
or other modality purporting to affect the endorsement is
deemed not written.
A partial endorsement is null, except for an endorsement
of the balance outstanding.
361 The transferee in good faith becomes, by the mere fact
of the transfer of the memorandum, the holder of the debt
described in it and of the hypothecary rights attaching to the
debt.
No exceptions or grounds of defence based on relationships
between the debtor and a previous holder may be set up
against the transferee.
362 The deed constituting the hypothec must contain a
stipulation of election of domicile by the creditor.

274 PROPERTY
The domicile so elected applies with respect to all
holders of the memorandum, or of fractional memoranda,
unless a change is made with the consent of all interested
parties and set down in a registered authentic deed, mention
of which is made on the memorandum or on the fractional
memoranda.
363 Even where payment must be made directly to the
holder of a memorandum, legal tender made at the elected
domicile, followed by a deposit in accordance with Article
310, constitutes sufficient ground for an application to cancel
the hypothec.
364 If the deed constituting the hypothec does not include
the particulars required under Articles 357 and 362, or if it is
impossible to comply with these articles, the office of the
prothonotary of the district where the notary was practising
when the deed was signed is the creditor's legal domicile and
the place of payment.
CHAPTER IV
JUDICIAL AND TESTAMENTARY HYPOTHECS
Section I
Judicial hypothecs
365 A judicial hypothec is one which results from any
judgment rendered by a court which has jurisdiction in
Quebec, and which orders payment of money.
It extends to any interest and costs, even unliquidated,
mentioned in the judgment, subject to the restrictions in the
Book on Publication of Rights.

PROPERTY 275
366 A judicial hypothec also results from an act of suretyship
judicially entered into and from any other judicial act
creating an obligation to pay money.
367 A judicial hypothec may affect all of the debtor's
moveable and immoveable property, present and future.
It affects the property and takes effect only upon
registration of the judgment or deed from which it results and
of the declaration provided for in Article 380.
The declaration must also specify the amount of the
debt in capital, interest and costs and, in the case of annuities
or support, the amount of the payments.
368 However, a judicial hypothec does not affect property
subject to a hypothec which can be published only by putting
the creditor in possession.
369 In cases of judgment for support, the court may, from
time to time, on motion by the owner of the property affected
by a judicial hypothec, determine the property or properties
on which the judicial hypothec may be exercised, and order
cancellation of the registered judicial hypothec at the expense
of the applicant.
370 The creditor who holds a published judicial hypothec on
property still in his debtor's possession may enforce the
resulting preference by executing his judgment in the ordinary
manner, notwithstanding Articles 446 to 450 on the hypothecary
action.
Section II
Testamentary hypothecs
371 A hypothec created by will on immoveable property is
valid even if the will is not in authentic form.

276 PROPERTY
372 A testamentary hypothec affects the property which the
testator indicates.
It cannot be general.
373 A testamentary hypothec affects the property at the time
of death, but it takes effect with respect to third parties only
when it is published.
374 Publication of a testamentary hypothec is effected by
registration of the will and, if the property is not sufficiently
designated, by registration of the declaration provided for in
Article 381 and, where the law so requires, by the putting in
possession.
CHAPTER V
PUBLICATION OF HYPOTHECS
Section I
General provisions
375 A hypothec on immoveable property is published by
registration.
A hypothec on moveable property is published by the
putting in possession, registration, or by both successively,
provided the publication is uninterrupted.
A floating hypothec is published in all cases by
registration.
376 A conventional hypothec on moveable property is
extinguished, however, if it is not published within thirty days
after it is granted.

i-KurtKiY 277
377 A hypothec has effect between the parties even though it
is not yet published.
378 The rights arising from a hypothec may not be set up
against third parties until it has been published.
Section II
Publication of hypothecs by registration
379 The rules in the Book on Publication of Rights apply,
except where inconsistent, to the publication of hypothecs.
380 Every notice or declaration presented for registration for
the purposes of this Title must bear the signature of the person
who draws it up, unless it is an instrument in authentic form,
and provide:
1. the names and addresses of the person who draws up the
notice or the declaration, the creditor, the debtor and
that of the grantor, as the case may be;
2. the date of the notice or of the declaration;
3. the registration number of the deed constituting the
hypothec, if applicable;
4. the description of the hypothecated property, in accordance
with Article 318 and Article 315, as the case may
be;
5. any other information required to make the declaration
or the notice conform to the provision under which it is
given.
A copy of the declaration or of the notice must be sent to
the creditor, to the grantor or to the debtor, as the case may be,
by registered or certified mail or by any other means of service.
381 Where a declaration made after the deed constituting
the hypothec is required to publish a hypothec, the declaration

278 PROPERTY
must comply with the preceding article and the hypothec is
published only when the declaration is registered.
382 When moveable property affected by a hypothec published
by registration is transferred, the instrument attesting to
the transfer must be registered, except where the sale of the
moveable property results in extinction of the hypothec.
Failure to register entails loss of the benefit of term
granted by the creditor.
383 Every act of voluntary or judicial subrogation or transfer,
conditional or not, of a hypothecary claim must be
registered in the same manner and at the same place as the
deed constituting the hypothec published by registration.
Unless the hypothec in question is a floating one and not
yet crystallized, the debtor must be provided with a copy or
extract of the deed of transfer, bearing the certificate of
registration.
If these formalities are not fulfilled, the subrogation or
transfer has no effect with respect to third parties.
When subrogation is acquired of right, registration is
affected by registration of the deed from which it results and of
a declaration stating the causes for the subrogation and
requiring its registration.
Section III
Publication of hypothecs on moveable property by putting
the creditor in possession
384 A hypothec on moveable property may be published by
putting in possession either the creditor or, with the grantor's
consent, a third party acting for the creditor.
385 Possession by a third party is valid for purposes of

PROPERTY 279
publication only from the moment he receives written evidence
of the hypothec.
386 Subject to Article 375, publication of the hypothec
subsists only as long as the creditor or the third party retains
possession of the property.
387 However, publication is not interrupted by loss of
possession which occurs without the consent of the creditor or
of the third party, or if the thing is temporarily given back to
the grantor or to a third party for purposes of conservation,
evaluation, repair, transformation or improvement.
The creditor may revendicate the thing.
This article does not apply in the case of Articles 389
and 394.
388 The creditor who hypothecates a debt secured by a
hypothec on property in his possession may transfer possession
of the property to his own creditor; the grantor's rights
are not affected.
Delivery of the property to the subsequent creditor does
not interrupt the previous creditor's possession, provided the
previous creditor gives the grantor prior written notice of the
remittance; the name and address of the subsequent creditor
must appear on the notice.
The first creditor and the subsequent creditor are
solidarity responsible for the care of the property.
This article also applies to the sale of a similar debt.

280 PROPERTY
Section IV
Publication of hypothecs on debts and other incorporeal
moveable property
389 When a hypothec affects an incorporeal moveable
which, according to law, practice or custom, is subject to
alienation by endorsement and delivery, or by delivery only,
of the title attesting to it, the publication of such a hypothec is
effected by the creditor taking possession of the title, except in
the case of a floating hypothec before its crystallization.
390 When a hypothec provided for in the preceding article is
granted by a trader, it is deemed published, with respect to the
grantor's ordinary creditors, when the creditor gives value,
even if he has not taken possession of the title.
The hypothec is extinguished, however, if the creditor
fails to take possession within ten days after he gives value.
391 The publication of a hypothec on a debt or on a right
against a third party is effected by putting the creditor in
possession.
The creditor is put in possession by the delivery of a
copy or extract of the deed of hypothec to the debtor of the
hypothecated debt or right, or by that debtor's written
acceptance of the hypothec.
The creditor may also be put in possession under Article
431 of the Book on Obligations.
392 However, when a hypothec on debts or on rights against
a third party is set out in an instrument negotiable by
endorsement and delivery, or by delivery only, the creditor
does not acquire possession otherwise than by endorsement
and delivery, or delivery only, of that instrument, except in the
case of a floating hypothec before its crystallization.

PROPERTY 281
393 When a general hypothec is granted by a trader on debts
or rights relating to his business, registration of the deed
granting the hypothec by the creditor and, if the hypothec is
floating, registration of the notice of crystallization, avails in
lieu of the delivery of a copy of the deed to the debtors.
The hypothec is then considered published except as
regards any sums paid or otherwise discharged before the
notice of the registration is served on the debtors, either
personally or under Article 139 of the Code of Civil Procedure
or Article 432 of the Book on Obligations.
The hypothec ranks from the moment of registration.
394 Furthermore, for purposes of publication, the deed
constituting the hypothec must be registered and a duplicate
of the certificate of registration must be delivered to the debtor
of the hypothecated debt or right, whenever the debt or right is
itself secured by a hypothec published by registration.
However, in the case of non-crystallized floating hypothecs,
no duplicate of the certificate of registration need be
delivered to the debtor.
395 Article 325 of the Book on Obligations applies in cases
of hypothecs on debts.
Section V
Publication of hypothecs on corporeal things represented by
bills of lading
396 The publication of a hypothec on corporeal things
represented by a bill of lading, receipt or other negotiable
instrument may be effected by delivery of the instrument to
the creditor.
If the instrument is not negotiable, publication of the

282 PROPERTY
hypothec is effected in the ordinary manner, either by registration
of the deed or by putting the creditor in possession under
Article 384.
397 A hypothec published by delivery of the negotiable
instrument to the creditor has priority over all hypothecs
published subsequently to the issue of the instrument, on the
things it represents, unless this hypothec and, if applicable, its
registration are noted on the instrument.
398 A hypothec granted by one trader in favour of another
on corporeal things represented by a bill of lading, receipt or
other instrument is deemed published, with respect to the
grantor's ordinary creditors, from the time the creditor gives
value, even though the hypothec has not been otherwise
published.
The hypothec is extinguished, however, if the creditor
fails to publish within ten days after he gives value.
The hypothec ranks from the moment of publication.
399 A hypothec granted by one trader in favour of another
on corporeal things represented by a bill of lading, receipt or
other negotiable instrument, and published by delivery of the
instrument to the creditor, remains published with respect to
the grantor's ordinary creditors, even when the hypothecary
creditor gives up the instrument.
However, the hypothec is extinguished if the creditor
does not regain possession of the instrument, or if the
hypothec is not otherwise published within ten days following
interruption or abandonment of his possession.

PROPERTY 283
Section VI
Publication of hypothecs on shares of capital stock
400 The publication of a hypothec on shares of the capital
stock of a corporation is effected by delivery of the share
certificate to the creditor and, if applicable, by his endorsement
of such certificate, except in the case of floating hypothecs
which have not crystallized and which are published by
registration.
401 A hypothec on shares of the capital stock of a corporation
may be published even if the creditor has not informed
the issuer of the shares of his right of hypothec.
In all cases, however, the exercise of hypothecary
recourses is subject to the provisions and agreements governing
the transfer of the hypothecated shares.
CHAPTER VI
EFFECT OF HYPOTHECS
Section I
General provisions
402 A hypothec does not divest the grantor or the person in
possession of any rights to the property; they continue to
enjoy those rights and may alienate them, subject, however, to
the rights of the hypothecary creditor.
This provision is imperative.
403 Neither the grantor nor the person in possession may
destroy the hypothecated property or cause it to deteriorate by
damaging it or by otherwise diminishing its value, except
through normal use.

284 PROPERTY
404 In the event of destruction or deterioration, the hypothecary
creditor may, in addition to his other recourses, recover
from the grantor or the person in possession, as the case may
be, all damages resulting from such destruction or deterioration,
to the extent of his claim and with the same hypothecary
right; any sum so collected is imputed upon his claim.
405 Saving provision to the contrary, the creditor who
collects the fruits of and proceeds from the hypothecated
property, either according to law or to an agreement between
the parties, imputes the fruits and proceeds first on the
expenses incurred and on any interest due him, then on the
capital of the debt.
Section II
Hypothecary creditor in possession of hypothecated
property
406 A creditor in possession of hypothecated property holds
it as the administrator of the property of another, entrusted
with simple administration.
This provision is imperative.
407 If the creditor has been given possession of the hypothecated
property so as to publish his hypothec, the grantor may
not obtain the return of the property until he executes his
obligation, unless the creditor abuses the property.
The hypothec of a creditor ordered to make restitution
subsists, but remains subject to the rules of publication.
Any stipulation inconsistent with the provisions of this
article concerning abuse of the property by the creditor is
without effect.
408 The heir of a creditor in possession who receives his

PROPERTY 285
portion of the debt may not return the hypothecated property
to the prejudice of any coheir who has not been paid.
409 The creditor in possession of the hypothecated property
collects the fruits of and proceeds from that property.
If the fruits and proceeds are in cash, he imputes them
according to Article 405; if they are in kind, he restores them
to the grantor.
410 In the event of redemption for cash, by the issuer, of
capital stock of a corporation, the creditor who receives the
proceeds imputes them in the same manner.
CHAPTER VII
HYPOTHECARY RECOURSES
Section I
Provisions common to all hypothecary recourses
411 The hypothecary creditor may institute proceedings in
declaration of hypothec.
412 When the debtor is in default, the hypothecary creditor
may exercise only the following recourses with respect to the
hypothecated property:
1. he may take possession of the property in order to
administer it and collect any fruits and proceeds it
yields;
2. he may sell the property otherwise than by judicial sale
to satisfy his claim from the sale price;
3. he may cause the property to be sold judicially to satisfy
his claim from the sale price, according to the rank of his
claim;

286 PROPERTY
4. he may take the property in payment for his claim.
413 The hypothecary creditor may not exercise his recourses
other than taking possession unless the claim is liquid and
exigible.
Even if the claim is not liquid or exigible, he may
institute proceedings in declaration of hypothec.
414 The holder of a floating hypothec may not exercise his
recourses until the hypothec has crystallized.
415 A creditor may exercise his recourses regardless of who
holds the property.
416 Where the property is in the possession of a usufructuary,
the recourses must be exercised concurrently against the
owner of the property and against the usufructuary; otherwise,
notice of the recourse must be served upon the party
against whom the recourse was not exercised in the first
instance.
417 A person in possession who is not personally liable for
payment of the debt, and who has taken the property in
payment for a hypothecary debt prior to that for which the
creditor is exercising recourse, or who has paid prior hypothecary
claims, may require that the creditor exercise only the
recourse to a sale by mutual agreement or to a judicial sale,
and that he furnish security that the property will be sold at a
price sufficient to ensure full payment of his prior hypothecary
claim.
418 The alienation by the person in possession after registration
of the notice of exercise of a hypothecary recourse has no
effect against the creditor, unless the acquirer deposits the
amount of the debt, interest and costs owed the creditor.
419 The person against whom a hypothecary recourse is
exercised may be ordered personally to pay any fruits and

PROPERTY 287
proceeds he has collected following service of the exercise of a
hypothecary recourse, and any damages he may have caused
to the property from that time, without prejudice to the
creditor's right to avail himself of Article 316 in each case.
420 The person against whom a hypothecary recourse is
exercised, or any other interested person, may prevent the
creditor from exercising his recourse by paying the creditor
what is owed him or, as the case may be, by remedying the
omission or breach mentioned in the notice of exercise of the
recourse, and any other subsequent omission or breach, and
by paying the costs:
1. in the case of taking of possession, at any time;
2. in the case of an exercise of the recourse to sell,
otherwise than by judicial sale, until sixty days in the
case of an immoveable, or twenty-one days in the case of
a moveable, have expired after the registration of the
notice provided for in Article 432;
3. in the case of taking in payment, before the creditor
becomes the owner by virtue of a deed signed voluntarily
or by virtue of a judgment;
4. in the case of a judicial sale, at any time before the sale
takes place.
In the event of failure to pay a sum of money or to give
security, or in the case of the bankruptcy or insolvency of the
debtor, the creditor who exercises a hypothecary recourse is
entitled to no indemnity except interest and costs.
421 Between hypothecary creditors, he who has a prior rank
exercises his recourses in preference to those who rank after
him.
422 A person in possession who is not personally liable for
payment of the debt, and against whom a creditor exercises a
hypothecary recourse, is entitled to retain the hypothecated
property for any improvements for which he is entitled to

288 PROPERTY
reimbursement and which have been made by him or by a
person from whom he derives his right and who is not
personally liable for the hypothecary debt.
423 The creditor whose hypothec affects more than one
property may exercise any recourse he deems appropriate on
any of such properties, concurrently or in succession.
If, however, all of such properties or more than one of
them are judicially sold, and the proceeds are still to be
distributed, and if other subsequent creditors hold hypothecs
on one of such properties, the creditor's hypothec is divided in
proportion to the amount of the respective prices which
remain to be distributed.
424 The servitudes and real rights which a third party in
possession had on the property when he acquired it, or which
he extinguished while he had possession of it, revive after the
property is sold or taken in payment.
425 When an undivided part of a property is hypothecated,
the creditor who sells otherwise than by judicial sale, or who
takes in payment, must, on pain of nullity of his recourse,
serve the notice required by Articles 432 and 439 on all the
undivided co-owners.
The undivided co-owners who have not remedied the
omission or the breach mentioned in the notice within the
period provided in Article 433 or Article 439 may not exercise
the right of pre-emption provided for in Article 192.
Section II
Taking possession
426 A demand for the taking of possession of hypothecated
property is made by a notice sent to the person in possession.
The notice contains a reference to any omission or

PROPERTY 289
breach and to the right of the debtor to remedy them; it has
effect with respect to any interested person against whom the
rights of the creditor may be set up.
The creditor may obtain possession only if he has
registered the notice.
The Registrar must, by registered or certified mail,
declare the registration of the notice to each hypothecary
creditor whose name is entered in the register of addresses.
427 In the absence of agreement, the taking of possession is
ordered upon motion.
428 The taking of possession of hypothecated property
results from its surrender to the creditor.
It takes place without prejudice to the rights of the
lessee.
429 Without leave of the court, the creditor may not retain
possession of the moveable property for more than three
months, unless he has exercised one of his other hypothecary
recourses during that period.
430 Without leave of the court, the creditor may not retain
possession of immoveable property for more than six months,
unless he has exercised one of his other hypothecary recourses
during that period.
431 The creditor who takes possession of property acts as a
simple administrator of the property of another.
Nevertheless, when a general hypothec has been
granted on the property of an enterprise or a business, the
creditor who takes possession may operate the enterprise or
the business without the authorization of the court.

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Section III
Sale other than judicial sale
432 The creditor who exercises the recourse of a sale otherwise
than by judicial sale must register a notice of his intention
to do so, with a certificate of service made upon the person
against whom the recourse is exercised.
The notice mentions the omission or breach and the
right of the debtor to remedy it; it has effect with respect to
any interested person against whom the rights of the creditor
may be set up.
The Registrar must, by registered or certified mail,
declare the registration of the notice to each hypothecary
creditor whose name is entered in the register of addresses.
433 The creditor may not exercise the recourse of selling the
property until seventy days in the case of immoveable
property, or, in the case of moveable property, twenty-one
days, after the notice provided for in the preceding article is
registered.
The creditor may not, however, exercise this recourse
after the one hundred and eightieth day in the case of
immoveable property, or after the ninetieth day in the case of
moveable property, following such registration.
Once this period of time has expired, a new notice must
be given, in accordance with the preceding article.
434 The purchaser takes the property subject to other
hypothecs and real rights which affected it when the notice
was registered.
The purchaser becomes personally liable for the other
debts secured by hypothecs on the property for which the

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person against whom the recourse is exercised is personally
bound.
Alienations and real rights granted without his intervention
after the date of registration of the notice may not be set
up against him even if they have been published.
435 Within eight days after the sale, the creditor must render
an account of the proceeds of the sale to the person against
whom the recourse is exercised and must return to him any
surplus remaining after the debt and all reasonable costs
incurred for the sale have been paid.
436 Stockbrokers acting in the normal course of their
business are exempted from the formalities provided in
Articles 432 and 433.
437 The creditor who sells the property acts as an administrator
of the property of another.
He must declare his quality to the purchaser.
438 The creditor is responsible for damages resulting from
the fact that his sale of the hypothecated property did not
produce a reasonable sum in the circumstances, considering
the market value of the property at that time.
Section IV
Taking in payment
439 The creditor who exercises the recourse of taking in
payment what is owed him must register a notice of his
intention to do so, with a statement of service made upon the
person against whom the recourse is exercised.
The notice mentions the omission or the breach, and the
right of the debtor to remedy it; it has effect in respect of any

292 PROPERTY
interested person against whom the creditor's rights may be
set up.
The Registrar must declare registration of the notice by
registered or certified mail to each hypothecary creditor whose
name is entered in the register of addresses.
440 The creditor may not exercise the recourse of taking in
payment until sixty days in the case of immoveable property,
or twenty-one days in the case of moveable property, after
registration of the notice mentioned in the preceding article.
441 When this period of time expires, he takes in payment
by the effect of the judgment, or of a deed voluntarily made if
no notice under Article 444 has been registered or if the notice
has been cancelled.
He is deemed to be the owner of the property, in the state
in which it then was, from the time the notice was registered.
He takes the property free of all hypothecs published
after his own.
Real rights granted without his intervention after the
registration of the notice may not be set up against him, even if
they have been published.
442 Stockbrokers acting in the normal course of their
business are exempt from the formalities provided in Articles
439, 440 and 441.
443 The taking in payment extinguishes the obligation.
The creditor who has taken in payment may not claim
from his debtor any payment made to another hypothecary
creditor. In such cases, he is not entitled to subrogation against
his former debtor.
444 Subsequent creditors or the debtor may require that the

PROPERTY 293
creditor who exercises the recourse of taking in payment
abandon it and proceed by a judicial sale, provided that,
before expiry of the sixty days or of the twenty-one days
contemplated in Article 440, they advance sums sufficient for
the discussion and register a motion of their intention to this
effect.
445 The creditor must then exercise the recourse of a judicial
sale unless he prefers to pay the subsequent creditors who have
registered the notice, or unless, in the case where the debtor
has registered the notice, the court allows him to take in
payment under such conditions as it may determine.
Section V
Judicial sale
§ - 1 Hypothecary action
446 Hypothecs give the creditor the right to have the person
who possesses the property ordered to surrender such property
in order that it be judicially sold, unless the person in
possession prefers to pay the claim and the costs.
447 The third party ordered to surrender property who does
not do so within the period of time allowed by the judgment
becomes personally liable for the debt.
448 Moveable property is surrendered by remitting it to the
sheriff of the district where the proceedings were instituted.
449 Immoveable property is surrendered in the manner
prescribed in the Code of Civil Procedure.
450 Judicial sale is made in the manner prescribed in the
Code of Civil Procedure.
§ - 2 Discharge of debtor

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451 When property has been sold judicially and awarded to
a creditor who had a hypothec upon it, the debtor is released
from his debt to the creditor, up to the market value of the
immoveable property at the time of the adjudication, less any
other hypothecary claim which has priority over the purchaser's
claim.
452 The preceding article applies to all sales which have the
effect of a sheriff's sale.
453 The property adjudicated to a person related to the
creditor, particularly a corporation, a partner, a relative of the
creditor by blood or by marriage who lives with such creditor,
or a relative of the creditor by blood or by marriage up to the
second degree, is deemed adjudicated to the creditor for the
purpose of the release of the debtor.
454 The same presumption results from any collusion
between the creditor and the purchaser with a view to evading
the provisions of this section.
455 The released debtor may obtain a discharge from his
creditor.
If the creditor refuses to grant the discharge, the debtor
may, by motion, request the court to declare his release and
obtain cancellation.
456 Release of the principal debtor entails release of his
sureties and his warrantors, who may exercise the same rights
as the principal debtor, even independently of him.
457 For the purposes of this section, no indemnity, except
with respect to interest and expenses, is included in the
calculation of the amount owed to the creditor.

PROPERTY 295
Section VI
Imperative provisions
458 Any stipulation contrary to Articles 412 to 415, 417 to
420, 426 to 435, 437 to 441, and 443 to 457 is without effect.
CHAPTER VIII
RANK OF HYPOTHECS
459 Hypothecs on moveable property rank according to the
date of their publication, whether by registration or by the
putting of the creditor in possession.
However, if two hypothecs are published on the same
day, they rank concurrently in proportion to the claims.
460 A hypothec on another person's moveable property
which has effect because the grantor later becomes the owner
ranks from the date of its publication, subject to the rights of
third parties.
However, it ranks after the hypothec granted in favour
of the vendor.
461 Hypothecs on immoveable property rank according to
the date of their registration or, as the case may be, of the
registration of the declaration provided for in Article 381.
However, if two hypothecs are registered on the same
day they rank concurrently and in proportion to the claims.
462 Registration of hypothecs on immoveable property is
without effect until the grantor's title has been published.
The hypothecs rank from the time the grantor's title is
published, but after the hypothec created in the title.

296 PROPERTY
However, as between them, their respective registration
dates are taken into consideration.
463 The hypothec granted in favour of a vendor for payment
of the sale price ranks before any general hypothec affecting
the purchaser's property, even if such hypothec is published
on the day of the sale or on the day of publication of the
vendor's hypothec.
464 The creditor whose claim is suspended by a condition is
nevertheless collocated in his rank, subject, however, to the
conditions set forth in Article 716 of the Code of Civil
Procedure.
465 The creditor whose claim is undetermined or unliquidated
is collocated in his rank, subject, however, to the
conditions set forth in Article 717 of the Code of Civil
Procedure.
466 A claim with a term becomes exigible when the hypothecated
property is sold by judicial sale and is accordingly
collocated in its rank.
467 The hypothecary creditor may not ask that the judicial
sale be made subject to his hypothec.
468 Transfer of rank must be express.
When it takes place, the order of the hypothecary
creditors is inverted according to their respective claims, but in
such a manner as not to prejudice any intermediate creditors.
469 Persons subrogated in the rights of a hypothecary
creditor enjoy the same right of preference, subject to the
rights of the creditor as provided in Article 227 of the Book on
Obligations.
However, the subrogated party to whom the creditor has

PROPERTY 297
guaranteed payment has preference over the creditor for the
amount of the guarantee.
470 Persons subrogated in the rights of the same hypothecary
creditor are paid concurrently.
471 Transferees of different portions of a hypothecary claim
are paid concurrently; the same applies to the transferor as
regards what is still owed him.
However, persons who have obtained a transfer with a
guarantee of payment have preference for payment over all
the others, and over the transferor, although, among themselves,
the date of service of their respective transfers must be
taken into consideration.
CHAPTER IX
EXTINCTION OF HYPOTHECS
472 A hypothec is extinguished by the total extinction of the
obligation the execution of which is secured by it, subject to
Article 335.
473 A hypothec is extinguished by the expiry of the term for
which it was granted.
474 A hypothec on immoveable property is extinguished
twenty-five years following the date of registration of the deed
which granted it, gave it effect or extended it, unless registration
was renewed prior to expiry of that period.
475 A hypothec on moveable property published by registration
is extinguished five years following the date of
registration of the deed which constituted it, gave it effect or
extended it, unless, before that time, the registration is
renewed or the hypothec published in some other way.

298 PROPERTY
This article does not apply to floating hypothecs nor to
the hypothec on rents and on insurance contemplated in
Article 316.
476 A hypothec on moveable property is extinguished if it
ceases to be published.
However, it revives if it is published again, but ranks
only from the time of that publication.
477 A hypothec is extinguished when the hypothecated
property is totally lost, when its nature is changed, or when it
is no longer an object of commerce or is expropriated.
However, the hypothec revives on the whole or part of
the expropriated immoveable which again becomes the
property of the owner from whom it was expropriated.
478 A hypothec is extinguished by confusion of the qualities
of hypothecary creditor and that of owner of the hypothecated
property.
It revives, however, if the confusion ceases for any cause
independent of the creditor.
479 A hypothec is extinguished when the moveable property
which it affects is acquired in good faith, at wholesale or at
retail, from a trader who deals in similar goods, in the
ordinary course of his business, even though the hypothec is
published and the purchaser was aware of it.
In such cases, the debtor loses the benefit of the term
only if the deed constituting the hypothec so provides.
480 If the hypothec so extinguished was not granted by the
trader, he may then be sued for damages, unless he could not
have known of the existence of the hypothec.
Those damages, which are imputed on his debt, consist

PROPERTY 299
of the lesser of the value of the hypothecated property sold or
of the amount of the hypothecary debt.
481 A floating hypothec not yet crystallized on the property
is extinguished when the grantor alienates the property under
the first paragraph of Article 328.
482 A hypothec is extinguished by judicial licitation, by
sheriff's sale or by any other sale which has the effect of a
sheriff's sale.
483 A hypothec on an undivided part of a property subsists
only in as much as, by partition or any other declaratory act of
ownership, the grantor or his legal representative retains
rights to some part of the property, subject to the Book on
Succession.
484 A hypothec is extinguished by novation of the principal
obligation unless the creditor has expressly reserved it, in
which case the hypothec secures the execution of the new
obligation.
485 A hypothec is extinguished, with regard to the property
of the former debtor, when a new debtor is substituted for him,
by way of novation, unless the creditor has reserved it with the
consent of the former debtor.
When there is novation between the creditor and one of
the solidary debtors, the hypothec of the former debt may be
reserved only on the property of the codebtor who contracts
the new debt.
486 The hypothec of a subsequent creditor is extinguished
by the registration of the deed or the judgment contemplated
in Article 441.

PROPERTY 301
TITLE SIX
ADMINISTRATION OF THE PROPERTY OF
OTHERS
CHAPTER I
MODES OF ADMINISTRATION
Section I
Preliminary provisions
487 A person may have, with respect to the property of
others, the obligations and powers arising from:
1. custody of the property of others;
2. simple administration of the property of others;
3. full administration of the property of others.
488 The person whose property is kept in custody or is
administered is called the beneficiary.
489 Property of others which is subject to administration
includes property acquired in replacement of the original
property, or as an accessory, and the fruits and income.
490 The custody or the administration of the property of
others may be gratuitous or onerous.
491 In the absence of any provision of law or of an act under
which custody or administration is gratuitous, the custodian
or administrator is entitled to a remuneration determined by
the act or, in the absence of any such provision, by the value of
the services rendered or by usage.

302 PROPERTY
Section II
Custody of the property of others
492 Custody of the property of others obliges the custodian
to preserve the property and return it to the beneficiary.
493 The custodian must perform all acts necessary for the
preservation of the property.
494 The custodian must return to the beneficiary the identical
property of which he had custody.
He is not responsible, however, for any loss or deterioration
of the property by reason only of its perishable nature.
495 The custodian is not responsible for any change or
deterioration in the property by reason of its decrepitude or of
a fortuitous event, or resulting from normal use.
496 The custodian is not bound to collect any fruits yielded
by the property, or any debts due.
497 The property is returned to the beneficiary on demand,
unless another period is fixed by the act or by law.
498 The property is returned at the place where it was taken
into custody.
The cost of transportation is borne by the beneficiary,
unless the custodian is remunerated.
Section III
Simple administration of the property of others
499 Simple administration obliges the administrator to
perform, in addition to those that are necessary, any acts that

PROPERTY 303
are useful for the preservation of the property in a good state
of repair and use for the purposes for which it is intended.
500 The administrator charged with simple administration
exercises the rights attached to the property administered.
He collects all debts subject to his administration and
gives a valid discharge for them.
501 The administrator is not obliged to make improvements
to the property or to make it productive, except as regards
sums not required for disbursements.
502 The administrator is bound to collect the fruits yielded
by the property.
503 The administrator must continue the use for which the
property which yields the fruits is intended, without changing
its destination.
However, if the property administered includes a commercial
or other enterprise, the administrator may not operate
it without express authorization from the beneficiary or,
failing this authorization, by the court on motion.
504 The administrator may perform acts of disposition by
onerous title and, in particular, create a hypothec when funds
are insufficient to pay the debts.
With the express authorization of the beneficiary or,
failing this, of the court on motion, he may also do so when
this is required to maintain the value of the property or to keep
the property in a good state of repair or operation.
505 The administrator may also perform acts of disposition
by onerous title when the property is perishable by nature.
506 The administrator may make investments and change
them.

304 PROPERTY
Section IV
Full administration of the property of others
507 Full administration imposes upon the administrator, in
addition to the obligations pertaining to simple administration
of the property of others, the obligation to make the
property productive.
508 The administrator may dispose of the property of others
by onerous title, or affect the property if he considers this
necessary or useful in the interests of the beneficiary, even if
the property is a commercial or other enterprise.
CHAPTER II
RIGHTS AND OBLIGATIONS OF THE
ADMINISTRATOR
509 Any person who acts as an administrator or an officer,
under any title, or even without any right or without authorization
by law, assumes the responsibility of an administrator
of the property of others.
510 A person who acts as an administrator of the property of
others, even if he had been placed under a protective regime,
cannot plead his incapacity or invoke any lesion appropriate
to his status to diminish his liability.
511 An administrator, on motion, may obtain instructions
from the judge when a reasonable doubt subsists as to the
nature or extent of his powers and obligations.
512 An administrator must act, honestly and in all loyalty,
in the exclusive interest of the beneficiary.
However, an administrator who is also a beneficiary is

PROPERTY 305
not bound to subordinate his interest to that of the other
beneficiaries.
513 An administrator must act with prudence and diligence
in the administration of the property of others.
The administrator who is appointed by reason of his
professional competence must act in accordance with usage
and the rules relating to his occupation.
514 An administrator may not exercise in his own interest
powers which he must exercise in the interest of others.
515 The rights and obligations of an administrator are not
changed by the mere fact that he may have an interest in the
property being administered.
516 Any provision or stipulation intended to relieve an
administrator from the duty to act in accordance with the law,
or to exempt him from any liability in the event of inexecution,
is without effect.
517 An administrator is bound to make inventory, to furnish
security or to take out liability insurance only if so required by
law or by the act.
However, where the circumstances justify it, a beneficiary,
on motion to the court, may have the administrator
compelled to make an inventory, to furnish security or to take
out liability insurance.
518 Moreover, an administrator may have himself exempted
from making an inventory, furnishing security or taking out
liability insurance when the act obliges him to do so.
519 An administrator may, at the expense of the beneficiary
and to his own benefit, take out insurance against the liability
he incurs in his quality under the first paragraph of Article
513.

306 PROPERTY
520 An administrator is bound to insure the property, at the
expense of the beneficiary, against ordinary risks, especially
fire and theft.
521 The administrator must declare to the beneficiary or, if
the beneficiary is a minor or a person of major age under
tutorship, to the Public Curator any interest which he has in
the property being administered, unless the interest results
from the act which gave rise to the administration or unless it
has been published prior to the commencement of the administration,
in accordance with the provisions of the Book on
Publication of Rights.
522 Unless authorized by law, an administrator may not
acquire any rights in the property he administers, except by
way of succession, nor may he transfer to the beneficiary,
except by gratuitous title, property in which he holds rights
under any title.
This prohibition applies whether the acquisition or the
transfer is made directly or indirectly.
The beneficiary alone may invoke nullity of the act.
523 However, an administrator may be authorized by the
court, on motion, to acquire a right in the property administered
or to transfer to the beneficiary any property which he
himself owns, provided he proves that he would thus act in the
interest of the beneficiary.
Even though he is authorized, an administrator who has
concealed any relevant fact from the court remains accountable
for any profit he subsequently realizes.
524 An administrator responsible for entering into a contract
may not be a party to it, unless so authorized by law.
Only the beneficiary may apply for the nullity of the
contract.

PROPERTY 307
525 An administrator may not become the transferee of any
right against the beneficiary.
The beneficiary alone may invoke the nullity of the act.
526 An administrator may not mingle the property administered
with his own, subject to express provision of law.
527 An administrator may not use for his benefit, directly or
indirectly, the property which he administers, or use any
information which he obtains in his quality, unless the
beneficiary has expressly consented to its use or unless it
results from the law or from the act establishing the
administration.
528 An administrator may not, under pain of absolute
nullity, dispose gratuitously of the property entrusted to his
administration, except in the case of moderate sums in the
interest of his functions.
529 An administrator may sue and be sued with respect to
all that concerns his administration.
He may also intervene in any suit relating to the
property administered.
530 The administrator must keep a detailed account of all
dealings effected in his quality of administrator.
531 The administrator accounts to the beneficiary for his
management at least once a year if the administration lasts
longer than one year.
The account is summary unless the act or the law
requires that it be detailed.
If there is contestation, the court on motion may
authorize the beneficiary to examine the books relating to the
administration.

308 PROPERTY
532 If there are several beneficiaries of the administration,
concurrently or successively, the administrator must act
impartially with respect to them, taking account of their
respective rights and of the provisions of the act and of the
law.
533 Allotment of the benefits among beneficiaries of income
and of capital is based on generally accepted accounting
principles.
534 The income beneficiary is entitled only to the net income
of the property administered.
535 "Income'' means property derived from the use of
capital.
In particular, it includes:
1. natural and civil fruits;
2. sums received in consideration for annulment or renewal
of a lease or as an advanced payment;
3. net profits realized on the operations of a commercial or
other enterprise;
4. dividends and distributions debited to the income of
corporations and trusts, subject to the following article;
5. rights or options to purchase securities in a corporation
or trust other than that granting such right;
6. the option to receive a dividend payable in money or in
shares, whatever the manner of distribution selected
under the option;
7. any amount exceeding the issue price of a bond or other
debt payable in cash when the surplus is determined
according to tables based on the lapse of time.
536 "Capital" means the administered property that is held
for the capital beneficiary and which can be used in the
meantime for the benefit of the income beneficiary.

PROPERTY 309
In particular, it includes:
1. proceeds from any disposal or redemption of capital,
and any property acquired in replacement of capital;
2. expropriation indemnities and insurance proceeds with
respect to capital, except to the extent that the amount
corresponds to the share of the income beneficiary;
3. shares of the capital stock of a corporation, including
stock dividends, and the right to subscribe for shares of
that corporation;
4. property distributed by a corporation to its shareholders
upon amalgamation, re-organization or winding-up,
unless the corporation indicates that such property is a
dividend or income;
5. any other distribution of property by a trust or a
corporation, including that debited to profits in general,
to amortization or to depletion;
6. bonds and other certificates payable in cash, in accordance
with the value set forth in the inventory made by
the administrator; no reserve is made as regards amortization
of premiums or recovery of the discount on such
certificates;
7. losses suffered on the operations of a commercial or
other enterprise during a fiscal year;
8. apportionment of depreciation determined according to
Article 538.
537 The administrator imputes either to income or to capital
the expenses incurred in the administration.
538 The following expenses, and others of like nature, are
imputed to income:
1. ordinary expenses of administration, annual or periodic
taxes and assessments, insurance premiums and minor
repairs;
2.a reasonable allowance for depreciation of depreciable

310 PROPERTY
property, except with regard to property utilized for the
personal use of the beneficiary;
3. one-half of the cost of judicial accounting, unless the
court orders otherwise;
4. the costs incurred to protect the rights of income
beneficiaries, unless the court orders otherwise;
5. one-half of the usual remuneration of the administrator
as well as of all reasonable expenses incurred in the
regular joint administration of capital and income;
6. income tax payable by the administrator;
7. expenses relating to putting the property up for lease.
539 The administrator may spread substantial expenses over
a reasonable period of time, by means of reserves or otherwise,
in order to maintain the income at a regular level.
540 The following are imputed to capital:
1. any expenses, allowances, costs and remuneration not
imputed to income under Article 538, including expenses
incidental to capital investment, expenses related
to putting property up for sale, and costs incurred to
protect the rights of the capital beneficiary and the right
of ownership of the property administered;
2. taxes on gains, profits and other amounts attributable to
capital, even if the law governing such taxes considers
them as taxes on income;
3. any succession tax or duty which affects the property
administered, even if the beneficiary of the income also
has rights in the capital.
541 The income beneficiary is entitled to the income from
the date determined in the act or, if no time is so determined,
from the beginning of the administration or, in the case of
succession, from the date of the death.

PROPERTY 311
542 In the case of succession, debts due to the succession but
not paid on the date of the death are considered capital.
543 Income payable periodically and fruits are counted per
diem.
Those earned prior to death are allotted to capital.
In all other cases, fruits collected are allotted to income,
even if they are earned prior to the beginning of the
administration.
544 Corporate dividends and distributions are counted from
the date fixed by the corporation as the date of record for
registered shareholders or, failing this, from the date the
distribution is declared by the corporation.
545 Expenses of administration are imputed in the same
manner as with respect to income.
546 Upon expiry of his rights, the income beneficiary is
entitled to:
1. any income which has not been paid to him;
2. the portions of income earned but not yet collected by
the administrator; the income is counted per diem.
547 Profits of corporations not distributed while the right of
the income beneficiary exists are not considered income.
548 An administrator of the property of others who acts, in
the performance of his duties, as a director of a corporation
must, in fulfilment of Article 512, act above all in the interests
of the corporation.
Over and beyond these interests, however, he remains
subject to the rule in Article 532 with respect to income and
capital beneficiaries.

312 PROPERTY
549 If the property administered includes property which is
consumed or which depreciates by reason of single or repeated
use or by the passage of time, the administrator, failing
indication to the contrary in the act or failing the consent of
the capital beneficiary, must either establish a reserve for
depreciation of capital or dispose of the property.
550 The administrator, failing indication to the contrary in
the act, or failing the consent of the income beneficiary, must
dispose of any property which yields no income or yields
income clearly less than the current yield on investments, and
which is not likely to yield more in the future.
CHAPTER III
INVESTMENT OF THE PROPERTY OF OTHERS
551 An administrator of the property of others may not
make any investment other than those enumerated in this
chapter, unless expressly authorized to do so by law or by the
act.
552 Investments in the following property are presumed
sound:
1. bonds or other titles of indebtedness issued or guaranteed
by the government of Quebec, of Canada or of a
province of Canada, of the United States of America or
of any such states, by the International Bank for
Reconstruction and Development, by a municipal or
school corporation in Canada, or by a fabrique in
Quebec;
2. bonds or other titles of indebtedness issued by a public
authority which has as its object the operation of a
public service in Canada and which is entitled to impose
a tariff for such service;
3. bonds or other titles of indebtedness secured by the
transfer to a trustee of an undertaking by the government
of Quebec, of Canada or of a province of Canada

PROPERTY 313
to pay sufficient subsidies to meet the interest and
capital on maturity;
4. bonds or other titles of indebtedness issued by a corporation
incorporated in Canada:
a) if they are secured by hypothec ranking first on
immoveable property and equipment, or by hypothec of
titles of indebtedness permissible as investments under
this article;
b) if they are secured by hypothec ranking first on
equipment and the corporation has paid in full the
interest on its other debts during the ten years preceding
the acquisition; or
c) if the common shares of the corporation are listed on
a recognized Canadian stock exchange and the corporation
has, during each of the five years preceding the
acquisition, earned and paid on its common shares a
dividend of at least four per cent of their book value;
5. debts secured by hypothec on immoveable property in
Canada:
a) if payment of the capital and interest is guaranteed or
assured by the government of Quebec, of Canada or of a
province of Canada; or
b) if the hypothec ranks first and the amount of the debt
is not more than seventy-five per cent of the value of the
property securing payment of the debt;
6. bonds or other titles of indebtedness issued by a loan
society incorporated by a statute of Quebec or authorized
to do business within Quebec under the Loan and
Investment Societies Act, if it has been specially approved
by the government for the purposes of this
paragraph, and whose ordinary operations in Quebec
consist in making loans to municipal or school corporations
and Xofabriques, or loans secured by first hypothec
on immoveable property situated in Quebec;

314 PROPERTY
7. immoveable property in Quebec;
8. fully paid preferred shares, issued by a corporation
incorporated in Canada:
a) if the corporation which issued them has, during each
of the five years preceding the acquisition, earned and
paid on its outstanding preferred shares a dividend at
least equal to the specified rate;
b) if, during each of the five years preceding the
acquisition, the corporation earned and paid on its
common shares a dividend of at least four per cent of
their book value; and
c) if the preferred shares or the common shares of the
corporation are listed on a recognized stock exchange in
Canada;
9. fully paid common shares issued by a corporation
incorporated in Canada and listed on a recognized stock
exchange in Canada, if the corporation which issued
them has, during each of the five years preceding the
acquisition, earned and paid on its common shares a
dividend of at least four per cent of their book value.
553 The administrator may not invest in shares of corporations
more than thirty per cent of the total value of the
property which he administers.
Moreover, he may not acquire more than five per cent of
the shares of the same corporation, or acquire shares, bonds or
other titles of indebtedness of a corporation which is in default
to pay the prescribed dividends on its shares or the interest on
its bonds or other securities, nor may he make a loan to such a
corporation.
554 If, following the reorganization or winding-up of a
corporation, or the amalgamation of several corporations,
securities held by an administrator are replaced by other
securities, he may continue to hold them.

PROPERTY 315
555 An administrator may deposit the money in a bank,
savings bank, trust company or savings and credit union, if the
deposit is repayable on demand or upon notice of not more
than thirty days.
556 An administrator may continue to hold the investments
of which he took possession when he took office, even if they
are not in accordance with the provisions of this chapter.
557 An administrator who has conformed to this chapter is
not released from his obligation to act in accordance with
Article 513.
CHAPTER IV
RESPONSIBILITY OF THE ADMINISTRATOR
558 A remunerated administrator is liable for any damage
resulting from his administration, unless he proves absence of
fault on his part.
559 An unremunerated administrator is responsible for any
damage resulting from a fault committed in the execution of
his duties.
However, the court may reduce the damages according
to the circumstances.
560 An administrator is liable for losses resulting from an
investment which he was not authorized to make.
561 An administrator who makes use of the property of
another person when not entitled to do so, is bound, apart
from damages, to compensate the beneficiary by paying,
where applicable, an appropriate rent or by replacing the
property used or by paying the interest on the money from the
date when it was used.

316 PROPERTY
562 An administrator may not, by general delegation,
entrust his duties or the exercise of any discretionary power to
any person other than his co-administrators, unless expressly
authorized in the act or by law.
However, he may have himself represented by a third
party for specific acts, subject to the act or to law.
563 If an administrator has someone substitute for him or
delegates his powers, this does not have the effect of discharging
him of his responsibility.
The administrator and the person who substitutes for
him in the exercise of his duties are solidarily liable towards
the beneficiary, whether or not the beneficiary has authorized
the replacement.
564 The administrator is responsible for the person who
substitutes for him in the exercise of his duties, when he is not
authorized to effect the substitution.
An administrator empowered to have someone substitute
for him is also responsible if the person substituting for
him is known to be incompetent.
In addition, the beneficiary has an action against the
person substituting for the administrator.
565 A beneficiary may not repudiate any act performed by a
person who has substituted for the administrator unless he has
suffered prejudice as a result and unless the substitution is
prohibited by the act or by usage.
The administrator is responsible for any act performed
by the person substituting for him when there is repudiation
by the beneficiary.

PROPERTY 317
566 When several administrators have been jointly entrusted
with the same matter, they are solidarily responsible
for all obligations arising from their administration.
When one of them is empowered to act with respect to
certain acts, he alone is responsible for them.
567 When there are several administrators, a majority of
them may act, subject to any express provision of law or in the
act.
When the administrators disagree with regard to a
particular act, a dissenting administrator is exonerated from
the responsibility arising from such act if he notifies the
beneficiary of his disagreement within seven days after the
majority decision or, if the decision is made in his absence,
after the time he learns of it.
If minutes are taken of the deliberations, the administrator
must require that his dissent be recorded.
The administrator who has agreed to the decision, or
who has not fulfilled the requirements of the second and third
paragraphs of this article, may not be exonerated from his
responsibility.
568 When the act stipulates that administrators must act
together, a judge, on motion, may exempt them from so doing,
and make any order he sees fit.
If there are only two administrators, they must act
together, unless otherwise ordered by the judge.
569 When the administrators cannot act by reason of
opposition by one of them, the court, on motion, may replace
the decision of the opposing administrator by its own.
Before rendering any decision, the court may consult
with the beneficiaries.

318 PROPERTY
570 An administrator is not personally responsible towards
third parties when he binds himself in the name of the
beneficiary and within the limits of his duties.
571 An administrator is responsible towards third parties
when he acts in his own name, without prejudice to any of
their rights against the beneficiary.
572 The beneficiary or, at his death, his legal representatives,
is responsible for acts performed after termination by the
administrator in the performance and within the limits of his
duties, when the acts are a necessary consequence or are
required to prevent loss or damage.
573 A person who has given reasonable grounds for believing
that another person was the administrator of his property
is responsible, as if there had been administration, towards
any third party who has contracted in good faith with that
other person.
CHAPTER V
TERMINATION OF ADMINISTRATION
574 An administrator, for valid reasons, may resign from the
administration which he has accepted by giving written notice
to that effect to the beneficiary and, where applicable, to his
co-administrators and to the person empowered to appoint an
administrator in his place.
If none of the persons mentioned in the preceding
paragraph can be found, or if it is impossible to give them
notice, the notice must be given to the Public Curator.
575 Resignation by an administrator takes effect on the day
the notice is sent or on any date indicated in the notice,
whichever is later.

PROPERTY 319
576 An administrator is responsible for any damage caused
by his unjustified resignation.
An administrator is also responsible, notwithstanding
any stipulation to the contrary, for any damage caused by his
resignation when the resignation amounts to inexecution of
his obligations under Articles 512 and 513, either because of
his acts, or because of the knowledge he had of acts of third
parties.
The court, however, may reduce damages according to
the circumstances, if the administration is gratuitous.
577 When the act prevents the administrator from abandoning
his duties, he may nevertheless be released with the
consent of the beneficiary or by leave of the court.
578 The functions of an administrator terminate:
1. when either party is placed under a protective regime, or
by reason of insolvency or bankruptcy, or for any other
cause affecting the capacity of either party; and
2. by termination of the power or right of the beneficiary.
579 An administrator must resign from his duties when he
no longer fulfils the conditions required by the act or by law.
580 A remunerated administrator who resigns is entitled to
the value of the services he has rendered.
He must return any advances received in excess of his
remuneration.
581 A beneficiary may terminate the administration or
dismiss the administrator at any time, subject to express
provision of the act or of law.
582 The court, on motion by any interested person may
dismiss an administrator who squanders or damages the

320 PROPERTY
property of others, abuses it, refuses or neglects to execute his
obligations, or infringes them.
The same applies where he is incompetent or is not fit to
execute his obligations.
583 When an administrator is dismissed, the beneficiary
must pay him, in addition to any expenses incurred in the
performance of his duties, all remuneration which he has
earned and any damages which may be due for dismissal
without reasonable grounds.
584 Acts performed by an administrator who is unaware
that his administration has terminated remain valid.
585 Administration is terminated by the death of the
administrator.
The office of administrator is not transmitted to his
heirs, although they must render an account of his administration
and return the property administered to whoever is
entitled to it.
586 The administrator's heirs who are aware of the administration
and are not prevented from acting must notify the
beneficiary or the co-administrators of the administrator's
death.
They are also bound to do all that is immediately
necessary, in matters already under way, to prevent any loss.
CHAPTER VI
RENDERING OF ACCOUNTS
587 Upon termination of his administration, the administrator
is bound to render a final account of it to the beneficiary.

PROPERTY 321
The account may be summary if the act so stipulates or
if the beneficiary is in agreement.
588 When there are several administrators, they are bound
to render only one account, unless their duties have been
divided under the act and each one has performed only the
duties assigned to him.
589 When the administrator's annual or final account is
rendered, any interested person may apply, by motion, to the
court for an order either to have the account audited under the
rules set out in Articles 414 to 425 of the Code of Civil
Procedure, or to have the account rendered under Articles 532
to 539 of the Code of Civil Procedure.
590 The expenses incurred by the administrator by reason of
the administration are borne by the beneficiary.
591 The administrator must transfer or return the property
administered to the beneficiary.
592 The administrator must restore to the beneficiary all
that he has received in the performance of his duties, even if
what he has received is not due to the beneficiary.
593 The administrator must also account for anything
which he has neglected to collect from third parties, and
anything which he has paid without right to third parties.
594 An administrator may deduct what the beneficiary owes
him by reason of the administration.
595 The administrator accounts to the beneficiary for any
gain or personal benefit which he realizes, directly or indirectly,
through the use of information to which he has access
by reason of his duties, without prejudice to any damages.
596 The administrator is entitled to retain any moveable

322 PROPERTY
property which he administers, until he is paid what is owed
him by reason of his administration.
597 The administrator owes interest on any balance of
money from the time he is put in default.
598 The beneficiary owes the interest on any advances made
by the administrator in execution of his duties, and on the
balance, from the day he is put in default.
599 If there are several beneficiaries, their obligation towards
the administrator is solidary.

PROPERTY 323
TITLE SEVEN
TRUSTS
CHAPTER I
GENERAL PROVISIONS
600 An act by which a person transfers property to be held
either for the benefit of a person or for the fulfilment of a
purpose of public or private interest constitutes a trust.
601 A trust may be established by contract or by will.
It must comply with the rules governing the substance
and form of such acts.
602 The trust must be accepted by the trustee or, if there are
several trustees, by one of them.
Where there is testamentary trust, the trustee's acceptance
is retroactive to the time of the death.
603 Property transferred in trust constitutes a patrimony
which is distinct from that of the trustee.
The act governs the use to be made of the property of the
trust and of the fruits and income of that property.
604 The words "in trust" in any instrument or document
may mean, according to the circumstances, either the constitution
of a trust or the carrying out of any other purpose.
605 A trust for a purpose of public interest may be established
for any purpose of charity or of general interest.
606 A trust may be established for a purpose of private
interest, particularly for the maintenance of a thing, provided
the act establishing the trust identifies the purpose sufficiently.

324 PROPERTY
607 A trust constituted by onerous title for the purpose of
profit or to ensure retirement or any other benefit to the
grantor, the members of an association, the employees of an
entreprise, or a group of shareholders, is likened to a trust for a
purpose of private interest.
Persons entitled to receive payments under such a trust
have the rights and recourses of beneficiaries under this
chapter.
CHAPTER II
TRUSTEES
608 The act creating a trust must appoint at least one trustee.
609 A minor or a person of major age under tutorship or
curatorship may not be a trustee.
610 A grantor or a beneficiary may not act alone as trustee.
611 Acceptance of the office of trustee is express or tacit.
612 The act may provide for the replacement of the trustees,
or may indicate the manner in which the replacement must be
made.
When it is impossible to replace a trustee in the manner
specified in the act, the judge, on motion, may provide for the
replacement once the persons the judge indicates have been
notified.
The same applies when the trustee appointed by a will
does not accept his office.
CHAPTER III
BENEFICIARIES
613 Any person who can rec
beneficiary of a trust by gratui

PROPERTY 325
However, the donor may reserve for himself the right to
receive the fruits and income of the property placed in trust or,
eventually, the capital.
614 The act establishing a trust for the benefit of a person
must designate or otherwise sufficiently identify the
beneficiary.
615 The beneficiary of a trust established by gift or by will
must have the required qualities to receive at the time his right
opens.
Similarly, if there are several successive beneficiaries,
each of them must be qualified to receive at the time his right
opens.
616 However, if one category or one degree of beneficiaries
includes several persons, only one of them need have the
required qualities to receive at the time the right of that
category or that degree opens.
617 The beneficiary is entitled to the income or the capital of
the trust, or to both, depending on the terms of the act
constituting the trust.
618 As long as the trust lasts, the beneficiary has no real
rights in the property of the trust.
He has only a personal right to demand payment of the
income or the capital.
619 The grantor may reserve for himself the power of
determining each beneficiary's share.
He may also confer this power on the trustee, the
beneficiary or a third party.
620 Acceptance by the beneficiary of a trust constituted by
gift or by will is presumed.

326 PROPERTY
Renunciation by the beneficiary has no effect unless it is
express and in writing; it may be made at any time.
621 If the beneficiary renounces, or if his right lapses for any
other reason, the following rules apply:
1. the right of the beneficiary of the income who is alone in
his degree passes to the beneficiary of the income in the
second degree or, if there is none, to the beneficiaries of
the capital, in proportion to their shares;
2. the right of one of the beneficiaries of the income passes
to his cobeneficiaries of the income, in proportion to
their shares;
3. the right of one of the beneficiaries of the capital passes
to his cobeneficiaries, in proportion to their shares.
622 Lapse of the right of the sole beneficiary of the capital,
by renunciation or for any other reason, terminates the trust,
and its property returns to the grantor or his successors.
This also applies when no beneficiary of the capital has
been named.
CHAPTER IV
ADMINISTRATION OF TRUSTS
623 The trustee must act in every respect in accordance with
the act constituting the trust.
624 The trustee has the rights and powers of a person
entrusted with full administration of the property of others,
and is subject to the same obligations.
625 The beneficiary is solidarily liable with the trustee if he
takes part in any act whose effect is to defraud a creditor of the
grantor or of the trust.

PROPERTY 327
626 The grantor or the beneficiary, without prejudice to his
recourse in damages and notwithstanding any stipulation to
the contrary, may sue the trustee to:
1. compel him to execute his obligations or to perform any
act which is necessary in the interests of the trust;
2. restrain him from any action harmful to the trust;
3. have him removed under Article 582.
627 The court, on motion by the beneficiary, may authorize
the beneficiary to take legal action in the name of the trustee
when, without sufficient reason, the latter refuses or fails to do
so or is unable to act for any other reason.
The court may then give any directive which it deems
appropriate.
628 The beneficiary may impugn any acts performed by the
trustee in fraud of the rights of the trust or of any of its
beneficiaries.
629 A trust for a purpose of public or private interest, except
that contemplated in Article 607, is subject to the supervision
of the Public Curator.
The Public Curator, in particular, may inspect the files
of the trust, make an investigation and require the trustee to
submit any account or report, and avail himself of Article 626.
630 When a trust expires, the trustee must transfer its
property to those entitled to it.
631 The provisions of the Title on Administration of the
Property of Others apply to trusts, when they are compatible
with this Title.

328 PROPERTY
CHAPTER V
DURATION OF TRUSTS
632 A trust constituted by gift or by will for the benefit of
several persons successively may not include more than two
degrees of income beneficiaries besides the beneficiary of the
capital.
The degrees are calculated according to the rules
governing substitution.
633 Moreover, the right of the first degree beneficiary must
open not later than ninety-nine years after the trust is
established, on pain of the trust lapsing.
The last degree beneficiary's quality to receive is
assessed not later than upon the expiry of ninety-nine years
after the trust is established.
If the right of the last degree beneficiary does not open
before the expiry of ninety-nine years following establishment
of the trust, those beneficiaries who have the required quality
at the time mentioned in the preceding paragraph may receive
alone, without regard to the provisions of Article 616.
634 A trust established for the fulfilment of a purpose of
public or private interest may be perpetual.
635 The property of a trust constituted for the fulfilment of a
purpose of public or private interest returns to the grantor or
to his successors upon the expiry of the stipulated term, upon
fulfilment of the intended purpose, upon impossibility of
performance or termination of the trust for any other reason.
636 The court may, on motion, terminate a trust or amend
its provisions.
Notice of the motion must be served upon the trustees.

PROPERTY 329
The court designates the beneficiaries and the other
persons on whom the motion must be served.
637 The court rules on this motion in the manner it deems
appropriate in the circumstances, taking account of the
interest of the beneficiaries.
To this end, it may render any order considered
necessary.
638 The rules in Articles 621 and 622 apply as far as possible
to any trust which is terminated by an order of the court.

BOOK FIVE
OBLIGATIONS

OBLIGATIONS 333
Introductory provisions
1 The object of an obligation is a prestation, which
consists in doing or not doing something.
2 A prestation must be possible and lawful.
It must be determined or determinable.
TITLE ONE
SOURCES OF OBLIGATIONS
3 Obligations arise from a contract or from the law.
Obligations arise from unilateral juridical acts in certain
cases provided for by law.
CHAPTER I
OBLIGATIONS ARISING FROM CONTRACTS AND
FROM UNILATERAL JURIDICAL ACTS
General provisions
4 A contract is a meeting of minds intended to produce
juridical effects.
5 A unilateral juridical act is a manifestation of will
intended to produce juridical effects.
6 All contracts are governed by this Book, subject to
express provision of law.
7 The rules governing contracts apply to unilateral juridical
acts unless the contrary results from the nature of these
acts or from the law.

334 OBLIGATIONS
8 Contracting parties regulate their juridical relationships
as they see fit.
Nevertheless, they may not derogate either together or
individually from any imperative provisions of law, nor from
public order and good morals.
However, no party who pursues an illicit or immoral
purpose without the knowledge of his cocontractor may set up
the nullity resulting from that purpose against the
cocontractor.
Section I
Formation of contracts
General provision
9 The formation of a contract requires a meeting of minds,
parties capable of contracting, an object, and a particular form
when required for that purpose.
§ - 1 Capacity to contract
10 The rules relating to the capacity to contract are laid
down mainly in the Book on Persons.
§ - 2 Meeting of minds
/ - Offer and acceptance
11 A manifestation of will may be express or tacit.
12 An offer to contract must comprise the essential elements
of the proposed contract.
13 An offer may be made to a specified person or to an
unspecified person.

OBLIGATIONS 335
14 An offer may be exclusive or non-exclusive.
An offer made to a specified person is not presumed
exclusive.
15 An offer of things determined only as to kind binds the
offerer to the extent that those things are available, or to the
quantity he specifies.
16 An offer without a term may be revoked at any time
before the acceptance is received.
An offer with a term may not be revoked before the
expiry of the term.
If the person to whom an offer is made receives the
revocation before the offer, the offer has no effect, even if
accompanied by a term.
17 An offer without a term lapses on the expiry of a
reasonable period.
An offer with a term lapses if the acceptance is not
received within the term.
18 An offer which has not been accepted lapses when the
person who makes it, or the person to whom it is made, dies or
is placed under tutorship or under curatorship.
This provision does not apply to an offer stipulated as an
accessory to a contract.
19 A contract is formed where and when acceptance is
received by the offerer.
20 Silence does not imply acceptance, except in special
circumstances, particularly usage or prior business relations.
21 The offer of a reward to any person who does something

336 OBLIGATIONS
is deemed accepted and binding on the offerer when the
person does that thing, even if he is unaware of the offer.
22 Late acceptance or acceptance which does not comply
with the offer does not constitute acceptance.
It constitutes a new offer.
23 When the person to whom an offer is made rejects it, the
offerer is released in respect of that person.
24 A contract made with a person in bad faith in violation
of an exclusive offer may not be set up against the beneficiary
of the offer, subject to express provision of law.
This provision also applies to preference pacts, also
called promises of first option.
25 An external clause referred to in a contract binds the
parties.
However, if such a clause is not commonly used, it has
no effect unless the party invoking it proves that the other
party was aware of it when the contract was formed. This
provision is imperative.
26 Parties may bind themselves by contract immediately,
while withholding their agreement on certain points.
If there is no subsequent agreement on the reserved
points, the court settles them, taking account of the nature of
the matter and of usage.
// - Qualities of consent
27 Consent must be free and enlightened.
28 Consent is not valid if given by a person who is
incapable of discernment when he gives it.

OBLIGATIONS 337
29 Consent may be vitiated by error, fear or lesion.
30 Error, even when inexcusable, vitiates consent if it bears
on the nature of the contract, the identity of the thing, or any
principal consideration of the contract.
31 An error induced by the fraud of one contracting party
vitiates consent whenever, but for that error, the other party
would not have contracted, or would have contracted on
different conditions.
Fraud committed by a third party is deemed committed
by a contracting party if he was or should have been aware of
it.
32 Fraud may result from silence or from concealment.
33 Fear of serious harm vitiates consent when it is induced
by violence on the part of the cocontracting party.
It also vitiates consent when violence is exercised by a
third party for the purpose of prevailing upon the victim to
contract.
34 In assessing fear, the court takes into consideration the
circumstances and condition of the persons.
35 Fear produced by an abusive threat or exercise of any
right or power vitiates consent.
36 Apprehended harm may relate to a contracting party or
to a third party.
37 Lesion vitiates consent when it results from the exploitation
of one of the parties by the other, and brings about a
serious disproportion between the prestations of the contract.
Serious disproportion creates a presumption of
exploitation.

338 OBLIGATIONS
38 A victim of a defect of consent may apply for the nullity
of the contract or, if the circumstances so warrant, the
reduction of his obligations.
Where the defect of consent is imputable to the other
contracting party, the victim may also sue in damages or join
both recourses.
39 A person whose inexcusable error entails nullity of the
contract or reduction of his obligations may be liable in
damages.
40 In the event of lesion, the court may also maintain any
contract the nullity of which is demanded, provided the
defendant offers a reduction of his claim or an equitable
monetary supplement.
§ - 3 Object of the contract
41 The object of a contract is the creation, modification,
transfer or extinction of obligations or of real rights.
§ - 4 Form of the contract
42 As a general rule, a contract need not be prepared in any
specific form.
43 If a special form prescribed by law is not used, the
contract will not be null, saving express provision.
44 A form prescribed on pain of nullity of a contract must
be followed whenever the contract is modified.
45 A promise to enter into a contract is not subject to the
form prescribed for the contract.
46 Parties may establish their contract in a form not
required by law for its validity.

OBLIGATIONS 339
In this case, the form is not presumed required on pain
of nullity.
Section II
Nullity of contracts
General provisions
47 Any contract which does not comply with the conditions
necessary for its formation is null.
48 Nullity is absolute when it is the sanction of a rule of
public interest.
The court must pronounce this nullity, even proprio
motu.
Any interested person may invoke it.
A contract which is absolutely null may not be
confirmed.
49 Nullity is relative when it is the sanction of a rule
declared in the private interest, particularly if consent is not
free or enlightened or if it is given by a person incapable of
discernment.
The court may not pronounce this nullity proprio motu.
Only the person in whose favour it has been established
may invoke it.
The person in whose favour it has been established may
also confirm the contract.
§ - 1 Effects of nullity
50 A contract which is null is deemed never to have existed.

340 OBLIGATIONS
The parties are restored to the situation in which they
were when the contract was made, subject to express provision
of law.
51 Nullity of one clause does not entail nullity of the
contract, unless it follows from the nature of that clause or
from the intention of the parties that the contract would not
have been made without the clause.
52 Restoration to the original position is made in kind.
However, if this is impossible or cannot be done without
serious inconvenience, restoration is made by equivalence.
Equivalence is assessed at the time of the restitution.
53 A person who applies for nullity of a contract must offer
to return to the other party whatever he has received from that
party.
The offer may be made any time before judgment.
54 Protected persons must make restitution to the extent
that they have benefited from the prestation received.
The person who demands restitution must prove that
they so benefited.
However, they must make full restitution when they
have made restitution in kind impossible by fraud on their
part.
55 When the object of the contract or the objective pursued
by the parties is unlawful, the court, in exceptional circumstances,
may refuse restitution which would have the effect of
according the plaintiff undue advantage.
56 An acquirer in good faith whose title is null is entitled to

OBLIGATIONS 341
the fruits of the thing until the day when proceedings in
nullity are instituted.
57 An acquirer whose title is null assumes the risks of loss
and deterioration of the thing until the day when proceedings
in nullity are instituted.
58 The nullity of a contract may be invoked against third
parties, subject to express provision of law.
§ - 2 Confirmation
59 Confirmation results from express or tacit intent to
renounce invocation of nullity.
Intent to confirm must be certain and obvious.
60 The effects of confirmation are retroactive to the day the
contract was made.
61 When several contracting parties can invoke nullity of a
contract, confirmation by one of them does not prevent the
others from invoking nullity.
Section III
Interpretation of contracts
62 When the common intent of the parties is clearly
apparent in a contract, it cannot be set aside by interpretation.
When this intent is doubtful, it is determined by
interpretation rather than by the literal meaning of the words.
63 The nature of the contract, usage and the behaviour of
the parties are taken into account in the interpretation of a
contract.

342 OBLIGATIONS
64 A clause is interpreted in the sense which gives it effect,
rather than in that which gives it no effect.
65 The clauses of a contract interpret each other, and the
meaning of each is derived from the entire contract.
66 A clause intended to avoid doubt as to the application of
the contract to a particular case does not restrict the scope of
the contract otherwise expressed in general terms.
67 Even if drafted in very general terms, the clauses of a
contract cover only what the parties have agreed upon.
68 A contract is interpreted in favour of the party who
assumed the obligation.
69 Nevertheless, a clause drawn up by or for one party
must be interpreted in favour of the person obliged to adhere
to it.
This provision is imperative.
Section IV
The effect of contracts between parties and in relation to
third parties
General provisions
70 A contract legally formed has the effect of law on those
who have entered into it, subject to express provision of law.
71 A contract extends not only to what is expressed in it,
but also to everything that results from its nature, usage,
equity and the law.
72 A contract creates rights and obligations only with
respect to the contracting parties, save where otherwise
provided by law.

OBLIGATIONS 343
73 Rights and obligations resulting from a contract pass to
the universal successors and successors by universal title of the
contracting parties, but not to their successors by particular
title, unless the law, the will of the parties or the nature of the
contract provides otherwise.
74 A contract may not be resolved, resiliated or modified
except by agreement of the parties or for reasons recognized
by law.
75 If unforeseeable circumstances render execution of the
contract more onerous, the debtor is not freed from his
obligation.
In exceptional circumstances, and notwithstanding any
agreement to the contrary, the court may resolve, resiliate or
revise a contract the execution of which would entail excessive
damage to one of the parties as a result of unforeseeable
circumstances not imputable to him.
76 An abusive clause in a contract may be annulled or
reduced.
§ - 1 Transfer of ownership
77 Transfer of ownership by contract is governed by the
chapters on Sale and Gifts.
§ - 2 Fruits and risks attached to things
78 Attribution of fruits and of risks attached to things is
governed mainly by the Book on Property.
§ - 3 Simulation
79 Simulation is lawful if the parties do not seek to evade
the requirements of the law, public order or good morals.

344 OBLIGATIONS
80 Between the parties, the real act prevails over the
apparent one.
81 A third party in good faith may avail himself of either
the apparent or the real act, according to his interest.
82 When conflicts of interest arise between third parties in
good faith, preference is given to the one who avails himself of
the apparent act.
§ - 4 Third party obligation
83 A person may, in his own name, promise that a third
party will bind himself towards the cocontracting party.
84 The promisor is liable in damages towards the cocontracting
party if the third party does not bind himself.
§ - 5 Stipulation in favour of another
85 A person may stipulate by contract for the benefit of
another.
86 The stipulation gives rise to a direct right against the
promisor in favour of the third party beneficiary.
87 The third party beneficiary must exist at the time of the
stipulation, subject to express provision of law.
88 A stipulation may be revoked as long as the third party
beneficiary has not advised the stipulator or the promisor of
his will to accept.
89 The stipulator alone may revoke a stipulation.
However, he may not revoke a stipulation to the detriment
of the promisor who justifies his interest in maintaining
the stipulation.

OBLIGATIONS 345
90 The stipulator's right of revocation may not be exercised
by his heirs or creditors.
Revocation or lapse of the stipulation benefits the
stipulator.
This article applies unless the law, the will of the parties
or the nature of the contract provides otherwise.
91 Revocation by the stipulator takes effect as soon as it is
made known to the promisor.
Revocation made by will, however, takes effect of right
at the time of death.
92 A third party beneficiary and his successors may validly
accept the stipulation, even after the stipulator or the promisor
has died, unless the law, the will of the parties or the nature of
the contract provides otherwise.
93 A promisor may set up against a third party beneficiary
the exceptions which he could have set up against the
stipulator, provided he was unaware that these exceptions
existed when the stipulation was made.
CHAPTER II
OBLIGATIONS ARISING FROM THE LAW
Section I
Obligations arising from behaviour towards others
94 Every person capable of discernment must behave
towards others with the prudence and diligence of a reasonable
person.
95 A person incapable of discernment who causes damage

346 OBLIGATIONS
to another may be required to make reparation according to
the circumstances.
In particular, consideration is given to the fact that the
victim cannot obtain damages from the person responsible for
the supervision of the author of the damage.
96 No person may cause to another damage which exceeds
the normal inconveniences resulting from proximity.
97 Parents are bound to ensure with prudence and diligence
the education and supervision of their minor children.
They are responsible for the damage caused by a minor
child, unless they prove that they have committed no fault.
98 The same applies to persons entrusted with the education
or supervision of a minor or of a person incapable of
discernment.
However, a person who performs these duties gratuitously
is not subject to the presumption of fault.
99 An employer is responsible for the damage for which his
employees are responsible in the performance of their duties.
100 A person who has the custody of a thing is responsible
for the damage resulting from an autonomous act of the thing,
unless he proves a fortuitous event.
101 An owner of a building is responsible for the damage
caused by the ruin of the building, unless he proves that the
ruin did not result from a defect in the construction or from
lack of maintenance.
The preceding paragraph applies even if, when the
damage is caused, the title is null or can be resolved.
102 A manufacturer of all or part of a moveable thing, and

OBLIGATIONS 347
any other person who distributes that thing under his name or
as his own, is responsible for the damage caused by a defect in
the design, manufacture, preservation or presentation of the
thing, unless the defect was apparent.
The same applies when the user is given no indication
necessary to his protection concerning risks and dangers that
he could not himself detect.
103 A victim who wishes to avail himself of the recourses to
which he is entitled under the preceding article must so notify
his debtor in writing within ninety days of the act which
caused the damage.
If the victim gives a reasonable excuse for his delay, a
notice given after this period remains valid and the recourse
remains admissible.
Section II
Management of the affairs of another
104 There is management of the affairs of another when a
person knowingly undertakes to manage the affairs of another,
unbeknown to that other person.
105 The manager must continue his management until he
can withdraw without risk of loss, or until his principal is in a
position to assume it.
The heirs of a manager who are aware of his management
and are able to act are bound only to do what is
immediately necessary to avoid loss.
106 Death of the principal does not exempt the manager
from continuing his management.
107 In carrying out his management, a manager is subject to
the obligations of an administrator of the property of another

348 OBLIGATIONS
entrusted with simple administration, to the extent to which
they are not incompatible with those of this section.
108 If this obligation is not executed, however, the court may
reduce the amount of damages, with due regard for the
circumstances.
109 A manager who acts on behalf of his principal is
personally liable towards third parties with whom he contracts,
to the extent that his principal is not liable as regards
those parties.
110 If the management was required in the interest of the
principal, and even if the desired result has not been attained,
the principal must:
1. reimburse the manager for all useful or necessary
expenses;
2. assume all useful or necessary obligations contracted on
his behalf by the manager;
3. indemnify the manager for the damage which resulted
from his management and was not caused by his fault.
111 When the management was not required in the interest
of the principal, he is bound by the same obligations but only
to the extent to which he has benefited.
112 Expenses are assessed as to their necessity or usefulness
at the time they were incurred.
113 Obligations contracted by the manager in his own name
do not bind the principal towards third parties.
114 A manager may retain any moveable thing which he
possesses by reason of his management, until he is reimbursed
what is due him.
115 A manager who has made additions or improvements
for which he is not entitled to reimbursement may remove

OBLIGATIONS 349
them at his own expense, or his principal may compel him to
do so, provided the manager restores everything to its original
condition.
The principal, however, retains the right to keep the
additions or improvements, provided he pays their cost or
their current value.
Section III
Recovery of things not due
116 Anything paid in error may be recovered.
117 Restitution is made in kind.
However, if this is impossible or cannot conveniently be
done in this way, restitution is made by equivalence.
Equivalence is assessed at the time of the restitution.
118 The right to restitution ceases, nevertheless, when the
creditor in good faith has destroyed his title, allowed it to be
prescribed, or deprived himself of security following the
payment, saving recourse of the person who paid against the
real debtor.
119 A person who, in good faith, has unduly received a
certain and determinate thing does not assume the risk of loss,
even if the loss is the result of his own act.
He must, however, transfer to the owner his right to an
indemnity for the loss of the thing, including that owed by an
insurer or the indemnity if he has already received it.
120 If he is in bad faith, he bears the loss, even that resulting
from a fortuitous event.

350 OBLIGATIONS
121 A person who alienates a thing he has received in error
must repay what he has obtained for it.
If he is in bad faith, he may be compelled to pay the
value which the thing had at the time of the restitution.
122 A person who must make restitution owes the fruits, and
particularly the interest, from the day he was first in bad faith.
123 A person who must make restitution, even if he was in
bad faith, is entitled to reimbursement for necessary expenses
incurred in preserving the thing, and for the cost of repairs
done.
124 A person who must make restitution may remove, at his
own expense, any improvements he has made, provided he
restores the thing to its original condition.
If he was in good faith, he may be indemnified for all
improvements he leaves, up to the appreciated value at the
time of restitution.
125 A person who must make restitution may retain the
thing until he is reimbursed for the expenses to which he is
entitled.
126 Protected persons must make restitution according to
the rules set down in Article 54.
Section IV
Unjustified enrichment
127 A person who unjustifiably enriches himself at the
expense of another must to the extent of his enrichment
indemnify the other for his empoverishment.
128 An indemnity is due only if the enrichment subsists on

OBLIGATIONS 351
the day of the demand, saving bad faith on the part of the
person who is enriched.
129 If the person who is enriched disposes of his enrichment
gratuitously, with no intention of defrauding the person who
is empoverished, the action is taken by the empoverished
person against the third party beneficiary.
130 No person may avail himself of this section unless no
other legal means exist against the person who is enriched.

OBLIGATIONS 353
TITLE TWO
MODALITIES OF OBLIGATIONS
CHAPTER I
OBLIGATIONS WITH A TERM
131 An obligation with a term is one whose exigibility
depends on a future and certain event.
132 When exigibility depends on the expiry of a period of
time and no date is fixed, the first day of that period is not
counted, but the day of its expiry is counted.
133 If the event which the parties have held to be certain
does not occur, the debt is exigible on the day when the event
normally should have occurred.
134 A term is presumed to have been stipulated in favour of
the debtor, unless it results from the law, the agreement or the
circumstances that it was stipulated in favour of the creditor or
of both parties.
135 The party in whose favour a term is stipulated may
renounce it.
136 If one party is allowed to determine when the term
expires, the other party may apply by motion to the court to
have the date of expiry fixed, with due regard for the
circumstances.
137 Anything due with a term may not be required before
the term expires.
138 Anything paid in advance, voluntarily and without
error or fraud, may not be recovered.

354 OBLIGATIONS
139 Before the term expires, the creditor may take all useful
measures to ensure preservation of his rights.
140 A debtor who becomes insolvent or is declared bankrupt
forfeits of right the benefit of the term.
141 A debtor who does not furnish the security promised, or
who reduces the security granted to the creditor, does not lose
the benefit of the term until thirty days have expired after the
debtor receives a written notice to this effect.
The debtor, however, may remedy the defect within the
prescribed period, and thus prevent forfeiture of the term.
142 Any stipulation of forfeiture of the term is subject to the
preceding article.
This provision is imperative.
143 Forfeiture of the term incurred by one of the codebtors.
even a solidary one, cannot be set up against the other debtors.
CHAPTER II
CONDITIONAL OBLIGATIONS
144 A conditional obligation is one whose existence or
extinction depends on a future and uncertain event.
145 The condition upon which an obligation depends must
be possible and lawful.
146 An obligation which depends on an impossible or
unlawful condition is null or may be reduced, as the case may
be.
147 An obligation whose existence depends on a purely
potestative condition on the part of the debtor is null.

OBLIGATIONS 355
148 If no term is set for the fulfilment of a condition, the
condition may be fulfilled at any time; the condition lapses
when it becomes certain that it will not be fulfilled.
149 When an obligation is contracted on the condition that
a certain event will not occur within a fixed period of time, the
condition is fulfilled once the period has expired and the event
has not occurred.
When it becomes certain that the event will not occur,
the condition is fulfilled whether a period has been fixed or
not.
150 A conditional obligation becomes pure and simple when
the debtor bound under the condition prevents its fulfilment.
151 Before the condition is fulfilled, the creditor may take all
useful measures to ensure preservation of his rights.
152 A conditional right may be transferred and transmitted.
153 The debtor must execute his obligation once the suspensive
condition has been fulfilled.
The obligation is extinguished of right once the resolutive
condition has been fulfilled.
154 A condition, once fulfilled, has retroactive effect,
between the parties and with respect to third parties, to the
day when the contract was made, subject to express provision
of law.
155 An acquirer under a resolutive condition is entitled to
the fruits, and assumes the risks of loss and deterioration of
the thing until the condition is fulfilled.
The same applies to a person who alienates under a
suspensive condition.

356 OBLIGATIONS
CHAPTER III
SOLIDARY OBLIGATIONS
Section I
Solidarity among debtors
156 An obligation is solidary between the debtors when they
are obliged towards the creditor to the same thing in such a
way that each of them may separately be compelled to execute
the whole obligation.
157 An obligation is solidary even when the debtors have
bound themselves differently or successively to the execution
of the prestation.
158 The debtors under the same obligation are presumed
solidary.
159 However, when several persons bind themselves in the
same contract to pay a sum of money, they are not presumed
solidary.
160 An obligation to repair damages caused by inexecution
of a solidary obligation is solidary, even if the inexecution is
imputable to only one of the debtors.
161 Payment of an obligation by one of the solidary debtors
releases the others towards the creditor.
162 A creditor under a solidary obligation may require full
payment of the obligation from the debtor of his choice, who
may not plead the benefit of division.
163 Proceedings instituted against one of the solidary
debtors do not deprive the creditor of his recourse against the
others.

OBLIGATIONS 357
164 A debtor who is sued may plead only those exceptions
which are personal to himself and those which are common to
all solidary debtors.
165 When, through the act of the creditor, one of the
solidary debtors is deprived of a security or of a right which he
could have set up by subrogation, he is discharged up to the
amount of that security or right.
166 A debtor who is sued may call the other solidary debtors
in warranty.
167 A creditor who renounces solidarity with regard to one
of the codebtors retains his solidary recourse against the
others for the entire debt.
168 If a creditor receives separately the share of one of the
solidary debtors, and specifies in the discharge that it applies
to that share, the creditor renounces solidarity with regard to
that debtor, but retains it with regard to the others.
169 A creditor who sues a solidary codebtor for his share
loses his solidary recourse against that codebtor if he agrees to
the demand or is condemned by judgment.
170 If a creditor receives separately the share of one of the
codebtors in the arrears or interest of the debt, and specifies in
the discharge that it applies to his share, the creditor loses his
solidary recourse against that debtor for the arrears or interest
accrued.
171 The obligation is divided of right among the heirs of the
solidary debtor.
172 A solidary debtor who has executed his obligation may
only recover from his codebtors their respective shares, even if
he is subrogated in the rights of the creditor.

358 OBLIGATIONS
173 Each of the solidary debtors must contribute in proportion
to his interest in the debt or, with respect to damages,
according to his share of the responsibility.
Where it is impossible to establish the share of each
debtor, the contribution is made in equal shares.
174 If a solidary obligation has been contracted in the
exclusive interest of one of the debtors, he is responsible for
the entire debt as regards the other codebtors.
The same applies if a solidary obligation to pay damages
results from the responsibility of only one of the
codebtors.
175 A solidary debtor sued for reimbursement by the debtor
who has executed the obligation may raise any common
exceptions not set up by that debtor against the creditor.
176 The loss occasioned by the insolvency of one of the
solidary debtors is divided equally among all the other
codebtors, unless they have unequal interests in the debt.
However, the creditor who has renounced solidarity
with regard to one of the codebtors bears that codebtor's
contributory share.
Section II
Solidarity among creditors
177 Solidarity among creditors exists only if express provision
is made for it.
178 Each of the solidary creditors may require of the debtor
full payment of the debt.
179 Payment made to one of the solidary creditors discharges
the debtor with regard to all of them.

OBLIGATIONS 359
180 The debtor may pay any of the solidary creditors as long
as he has not been sued by one of them.
181 An obligation is divided of right among the heirs of the
solidary creditor.
CHAPTER IV
DIVISIBLE OBLIGATIONS AND INDIVISIBLE
OBLIGATIONS
182 An obligation is divisible unless its object cannot be
divided.
However, a stipulation may be made to the effect that an
obligation is indivisible.
183 An indivisible obligation is not divided among the heirs
of the debtor or among those of the creditor.
184 An indivisible obligation is otherwise subject to the rules
governing solidarity.
CHAPTER V
ALTERNATIVE OBLIGATIONS
185 An alternative obligation is one which has as its object
several prestations, of which only one must be executed.
186 No debtor may execute or be compelled to execute part
of one prestation and part of another.
187 The option belongs to the debtor unless the contrary
results from the nature of the contract or the intention of the
parties.
188 When the option belongs to the creditor and he has

360 OBLIGATIONS
failed to exercise it after he has been put in default, the debtor
may release himself by executing one of the prestations.
189 If execution of one of the prestations is impossible or
unlawful, the debtor must execute the remaining one.
190 If the party who had no option renders the execution of
one of the prestations impossible through his fault, he may be
liable in damages.
CHAPTER VI
FACULTATIVE OBLIGATIONS
191 A facultative obligation is one whose object is a prestation
from which a debtor may nevertheless release himself by
executing another prestation.
192 A debtor is released if, through no fault of his, it
becomes impossible to execute the prestation which is the
object of the obligation.

OBLIGATIONS 361
TITLE THREE
PROTECTION OF THE RIGHTS OF
CREDITORS
General provisions
193 The property of a debtor, moveable and immoveable,
present and future, constitutes the common pledge of his
creditors, unless it has been specially declared exempt from
seizure.
194 A creditor may take all useful measures to ensure
preservation of his rights.
CHAPTER I
INDIRECT ACTION
195 A creditor may exercise the rights and actions of his
debtor, except those which are exclusively attached to the
person, when to his prejudice the debtor refuses or neglects to
exercise them.
196 The debt need not be liquid, exigible or certain, provided
it is not futile.
CHAPTER II
PAULIAN ACTION
197 A creditor who suffers serious damage through an act by
which his debtor renders himself or attempts to render himself
insolvent, or by which, being insolvent, he grants preference to
an existing creditor may have it declared that the act not be
invoked against him.
198 No onerous contract or payment gives rise to this

362 OBLIGATIONS
recourse, unless the cocontractor or the creditor who received
payment was aware that the debtor was insolvent.
199 A gratuitous contract, or a payment under such a
contract, gives rise to that recourse even if the cocontractor or
the creditor who received payment was not aware that the
debtor was insolvent.
200 The same applies to an undertaking to execute a natural
obligation or to its execution which, in both cases, constitute
with regard to the creditors an act by gratuitous title.
201 The debt must exist prior to the act impugned, except
when the purpose of the act was to defraud a subsequent
creditor.
202 The debt need not be liquid, exigible or certain, provided
it is not futile.
203 On pain of forfeiture, the recourse must be exercised
within one year after the day when the creditor becomes aware
of the prejudice resulting from the act impugned.
However, when the recourse is instituted by a trustee in
bankruptcy, on behalf of all the creditors, the period of time
begins to run on the day when the trustee is appointed.
204 When the plaintiff exercises his recourse, the other
creditors may avail themselves of any appropriate procedure
to assert their rights.

OBLIGATIONS 363
TITLE FOUR
VOLUNTARY EXECUTION OF
OBLIGATIONS
CHAPTER I
PAYMENT IN GENERAL
205 Payment is the voluntary execution of an obligation.
206 Payment of a natural obligation may not be recovered.
207 An undertaking to execute a natural obligation constitutes
a civil obligation.
208 Payment is invalid unless made by a person who has a
legal right in the thing paid which entitles him to give it in
payment.
Nevertheless, no payment of any sum of money or of
any consumable thing may be recovered against a creditor
who has consumed the thing in good faith, even when the
payment is made by a person who was not the owner.
209 A creditor may not be compelled to receive a thing other
than that owed him, even if the thing offered is of greater
value.
210 If the thing is determined as to kind only, the debtor
need not give a thing of the best quality, nor may he offer a
thing of the worst quality.
The thing must be of marketable quality.
211 A creditor may not be compelled to accept partial
payment of a debt.
212 Payment must be made to the creditor or to his authorized
representative.

364 OBLIGATIONS
Payment made to a person not authorized to receive it
for the creditor is valid if the creditor ratifies it; if he does not
ratify it, the payment is only valid insofar as the creditor has
benefited from it.
213 Payment made to a protected person is valid only to the
extent that the person has benefited from it.
The debtor bears the burden of proving that the protected
person benefited from it.
214 Payment made in good faith to the ostensible creditor is
valid, even though it is subsequently established that he is not
the rightful creditor.
215 Payment made by a debtor despite a seizure is invalid
with regard to the seizing creditor who may, according to his
rights, compel the debtor to pay a second time, in which case,
the debtor has a recourse against the creditor so paid.
216 A person compelled to pay may do so under protest so as
to avoid prejudice, and may declare that he does not owe the
debt.
paid.
He has a right to recovery, unless he owed the debt so
217 The creditor must receive payment, even if it is offered
by a third party, unless the debt was constituted in consideration
of the debtor personally.
218 Payment of a certain and determinate thing is made at
the place where the thing was when the obligation was
contracted.
All other debts are paid at the domicile of the debtor.
219 The debtor is responsible for the costs incurred in
making payment.

OBLIGATIONS 365
220 A debtor who pays his debt is entitled to a discharge and
to the recovery of the negotiable instrument if there is one.
CHAPTER II
PAYMENT WITH SUBROGATION
221 A person who pays in the debtor's place may be
subrogated in the rights of the creditor, particularly in the
security which the creditor holds at the time of payment.
222 Conventional subrogation must be express and must be
attested to in writing.
It is granted by the creditor or by the debtor.
223 Subrogation granted by the creditor must be made at
the time he receives payment.
It takes effect without the consent of the debtor.
224 Subrogation may be granted by a debtor, only in favour
of his lender.
The deed of loan must state that the loan is made to pay
the debt, and the discharge must indicate that payment was
made out of the loan.
This subrogation takes effect without the consent of the
creditor.
225 Subrogation takes effect of right:
1. in favour of a creditor who pays another creditor whose
claim has preference over his by reason of a real
security;
2. in favour of an acquirer of property who pays a creditor
whose claim is guaranteed by real security on the
property;

366 OBLIGATIONS
3. in favour of a person who pays a debt for which he is
bound with or for other persons and which he has an
interest in paying;
4. in favour of a beneficiary heir who pays out of his own
funds a debt owed by the succession;
5. in all other cases established by law.
226 Subrogation has effect against the principal debtor and
against all persons who guarantee the debt.
227 A creditor who has been only partially paid may
exercise his rights for the balance, in preference to the
subrogate who has partially paid him.
CHAPTER III
DELEGATION OF PAYMENT
228 The appointment by a debtor of a person to pay in his
stead constitutes delegation of payment, provided the delegate
binds himself personally as regards the payment.
229 A creditor who accepts the delegation retains his rights
against the debtor who delegates, except in cases of novation.
230 Delegation of payment is otherwise subject to the rules
governing stipulations in favour of another.
CHAPTER IV
TENDER AND DEPOSIT
231 Tender is the presentation to the creditor, as payment, of
a thing due when and where that thing is payable.
It must also include a reasonable amount to cover

OBLIGATIONS 367
unliquidated expenses due by the debtor, saving the right to
make up any deficiency in that sum.
232 A creditor is in default of right when he unlawfully
refuses a valid tender or refuses to take action on the notice
which replaces it under Articles 236 and 237.
233 A creditor is also in default of right when he clearly
expresses his intention to refuse a tender.
The debtor is not then required to tender the thing to the
creditor, nor to give him the notice which takes its place.
234 The creditor is also in default of right when, despite his
diligence, the debtor cannot find him and is in a position to
make the payment when and where it is due.
The burden of proof is upon the debtor.
235 A creditor who is in default bears the loss of the thing by
fortuitous event.
236 If the thing due is payable at the debtor's domicile,
residence or place of business, or at the place where the thing
is, and the debtor notifies the creditor that he is ready to
execute his obligation, the notice has the same effect as tender,
provided the debtor proves he was in a position to make the
payment when and where the thing due was payable.
237 When the debtor has reason to believe that the creditor
will refuse payment of a thing which is difficult to transport,
he may require the creditor to signify his will to receive it.
If the creditor fails to do so in due course, the debtor is
not required to transport the thing, and his notice has the
same effect as tender, provided the debtor proves that he
would have been in a position to make the payment when and
where the thing was payable.

368 OBLIGATIONS
238 A creditor in default is responsible for the expenses
incurred in the storage or preservation of the thing.
The court, upon motion, may determine any appropriate
measures, including sale of the thing and deposit of the
price.
239 Tender of a cheque made to the order of the creditor and
drawn at or certified by a bank or any other financial
institution doing business in Quebec is equivalent to tender in
currency of the same amount.
240 When tender is attested to in a notarial instrument, the
notary describes the thing tendered in his minute, and records
the creditor's answer and, where there is refusal, the reasons
given by the creditor.
241 Tender made during judicial proceedings is governed by
the rules in the Code of Civil Procedure.
242 Tender subsequently accepted by the creditor or declared
valid by the court is equivalent, where the debtor is
concerned, to payment made on the day the tender is made,
provided the debtor has always been willing to pay since that
time.
243 Where a sum of money is due, payment is established on
the day of deposit, and interest ceases to accrue on that day.
244 Deposit is the entrusting by the debtor to the Quebec
General Deposit Office of any money or securities which he
owes.
During judicial proceedings, this is done at the office of
the court.
245 Deposit of a sum of money may be made, in particular,
when:

OBLIGATIONS 369
1. the creditor, for no lawful reason, refuses to accept it or
is incapable of giving a discharge;
2. the debt is the object of a dispute involving several
persons;
3. the debtor, with no negligence on his part, is not in a
position to know with sufficient certainty to whom or
where the debt is payable;
4. the debtor is unable to pay because the creditor cannot
be found where the debt is payable.
246 The debtor may withdraw the amount deposited if,
upon motion, he is authorized by the court to do so.
The withdrawal releases neither the codebtors nor the
sureties.
247 The debtor may also withdraw the deposited amount
with the consent of the creditor.
The withdrawal, however, may not prejudice the rights
of third parties, nor prevent discharge of the codebtors or the
sureties.
248 When a deposit is declared to be sufficient, the creditor
is responsible for the expenses incurred in making it.
CHAPTER V
IMPUTATION OF PAYMENT
249 If a person owes several debts, he may indicate, at the
time of payment, which debt he intends to discharge.
250 However, when the term operates in favour of the
creditor, the debtor may not, without the consent of the
creditor, impute payment to a debt not due.
251 No person who owes a debt bearing interest or produ-
>nsent of the creditor, impute

370 OBLIGATIONS
payment which he makes to the capital in preference to the
interest or arrears.
Payment made on the capital and interest which is not a
full payment is imputed first upon the interest.
252 When a person who owes several debts has accepted a
discharge whereby the creditor has imputed what he has
received to one of those debts, the debtor may no longer
require imputation to a different debt.
253 In the absence of imputation by the parties, payment is
first imputed to whichever debt is due.
If several debts are due, payment is imputed to that
which the debtor has the greatest interest in paying.
When the interest is equally divided, payment is imputed
to the debt which became due first.
All things being equal, imputation is effected
proportionally.

OBLIGATIONS 371
TITLE FIVE
INEXECUTION OF OBLIGATIONS
General provisions
254 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled, under this title, to execution
of the obligation in kind, to reduction of his correlative
obligations, to resolution or resiliation of the contract, and to
damages.
255 The exercise of a right conferred on the creditor in the
event of inexecution does not entail renunciation of any other
right.
The creditor, however, must discontinue his first application
before exercising any other incompatible right.
256 If two persons are reciprocally debtors and creditors
under correlative and exigible obligations, the debtor in good
faith may refuse to execute his obligation to the extent that the
creditor does not execute his own obligation or does not offer
to execute it.
The debtor, however, may not raise an inexecution of
minor importance as a pretext for refusing to execute his own
obligation.
CHAPTER I
PUTTING IN DEFAULT
257 Despite any agreement to the contrary, a creditor who
wishes to avail himself of the rights conferred on him in a case
of inexecution must, unless exempted by law from so doing,
put his debtor in default to execute his obligation within a
fixed period of time.

372 OBLIGATIONS
The period must be reasonable taking into account the
nature of the obligation and the circumstances.
258 If the period fixed is not reasonable, the debtor may
validly execute his obligation within a reasonable period.
259 A period agreed on by the parties is presumed
reasonable.
260 A debtor is put in default by the creditor's written or
verbal extrajudicial demand.
261 A judicial demand made before the debtor has been put
in default, when this is required, has the effect of putting the
debtor in default.
However, if the debtor executes his obligation within a
reasonable period, the costs of the demand are borne by the
creditor.
262 A debtor is in default of right when:
1. he knew or should have known that his obligation could
have been usefully executed only within a period of time
which he has allowed to elapse;
2. an emergency or an urgent danger exists;
3. he has violated an obligation not to do;
4. he has made clear to the creditor his intention not to
execute the obligation;
5. execution of the obligation has become impossible
through his fault.
A statement or stipulation in the contract does not
exempt the creditor from proving the above-mentioned
circumstances.
263 A debtor may not be put in default until the obligation

OBLIGATIONS 373
becomes exigible, notwithstanding any agreement to the
contrary.
However, a debtor is in default of right, even before the
obligation becomes exigible, in the cases provided for in the
fourth and fifth sub-paragraphs of the preceding article.
264 If one of the solidary debtors is put in default, this has
no effect as regards the others.
265 If one of the solidary creditors puts the debtor in default
or takes any conservatory measure, this has effect as regards
the others.
266 The debtor is responsible for all moratory damages and
for any fortuitous event from the time he is in default of right
or when the period required in the putting in default expires.
CHAPTER II
EXECUTION IN KIND
267 A creditor, in cases which admit of it, may demand that
his debtor execute the obligation in kind.
268 If the debtor fails to execute his obligation, the creditor
may execute it, or have it executed, at the debtor's expense.
269 A creditor who wishes to avail himself of this right must
so notify his debtor when putting him in default, unless the
debtor is in default of right.
270 A creditor may be authorized to destroy or remove, at
the debtor's expense, anything done in violation of his
obligation.
271 If an obligation to pass a deed is not executed, the
creditor is entitled to obtain a judgment replacing the deed.

374 OBLIGATIONS
CHAPTER III
REDUCTION OF OBLIGATIONS
272 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled to a proportional reduction
of his correlative obligation.
273 A creditor who wishes to avail himself of this right must
so notify his debtor in the putting in default, unless the debtor
is in default of right.
CHAPTER IV
RESOLUTION OF CONTRACT
274 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled to resolution of the contract,
subject to express provision of law.
275 A creditor is not entitled to resolution if the inexecution
is of minor importance.
This provision is imperative.
276 A creditor who wishes to avail himself of resolution
must so notify his debtor when putting him in default, unless
the debtor is in default of right.
277 Resolution occurs, without judicial proceedings being
required, if the debtor is in default of right.
The same applies when the debtor has not executed his
obligation before the expiry of the period required in the
putting in default.
278 A contract which is resolved is deemed never to have
existed.

OBLIGATIONS 375
The parties are restored to the situation in which they
were when the contract was made, subject to express provision
of law.
A creditor who has availed himself of his right to
resolution may retain what he has already received by paying
the equivalent, if it is in his interest to do so.
279 Restoration to the original position is made in kind.
However, if this is impossible or cannot be done without
serious inconvenience, restoration is made by equivalence.
Equivalence is assessed at the time of restitution.
280 The resolution of a contract may be set up against third
parties, subject to express provision of law.
281 Every resolutory clause is governed by this chapter,
notwithstanding any agreement to the contrary.
CHAPTER V
RESILIATION OF CONTRACT
282 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled to resiliation of a successive
contract in the course of execution.
283 A creditor is not entitled to resiliation if the inexecution
is of minor importance.
This provision is imperative.
284 A creditor who wishes to avail himself of resiliation
must so notify his debtor when putting him in default, except
when the debtor is in default of right.

376 OBLIGATIONS
285 Resiliation occurs, without judicial proceedings being
required, if the debtor is in default of right.
The same applies when the debtor has not executed his
obligation before the expiry of the period required in the
putting in default.
286 A contract which is resiliated ceases to exist, but only for
the future.
287 Every clause relating to resiliation of a contract is
subject to this chapter, notwithstanding any agreement to the
contrary.
CHAPTER VI
DAMAGES
General provisions
288 If the debtor, through his fault, fails to execute his
obligation, the creditor is entitled to damages, without
prejudice to his other rights.
289 Damages are awarded to repair the damage sustained
by the creditor.
290 However, in cases of intentional fault or gross fault, the
court may also award punitive damages.
291 The obligation of a debtor to pay damages is not
affected by payments made by a third party, whether as a
gratuity or under a contract or the law.
292 A discharge or settlement by a victim of bodily injuries,
and a statement obtained from the victim within thirty days of
the act which caused the damage by the person who caused
the injuries, by an insurer or by his representatives, may not be
invoked against the victim.

OBLIGATIONS 377
Section I
Damage
§ - 1 Nature of damage
293 Material or moral damage is subject to reparation.
294 Damage generally includes the loss sustained by the
creditor and the profit of which he is deprived.
§ - 2 Assessment of damage
/ - Legal assessment
295 A creditor is entitled to reparation for the damage which
results directly from inexecution of an obligation.
In contractual matters, the debtor is required to provide
reparation only for normally foreseeable damage, saving
intentional or gross fault on his part.
296 Within five years after the final judgment or the private
arrangement, a creditor who has obtained damages for bodily
injuries may apply for an indemnity supplement if his
condition has subsequently worsened seriously.
297 Damages awarded to a creditor for the inexecution of an
obligation bear interest at the legal rate, as of the institution of
the action.
However, in cases of physical injury, the court may
order that the interest on the damages will accrue as from the
date of the act which caused the injury.
The court may add an indemnity to the amount so
awarded, computed by applying to this amount, from these
dates, a percentage equal to the excess of the interest rate fixed

378 OBLIGATIONS
under Section 28 of the Revenue Department Act, over the
legal interest rate.
298 Damages which result from the inexecution of an
obligation to pay a sum of money consist of interest at the rate
agreed upon or, in the absence of agreement, of interest at the
legal rate.
A creditor is entitled to those damages from the time the
debtor is put in default, without being required to prove
damage.
A creditor, however, may stipulate that he will be
entitled to additional damages provided he justifies them, but
this stipulation is not required in the event of inexecution of a
legal obligation.
299 Interest accrued on capital bears interest:
1. when provision is made for this in an agreement or by
law;
2. when new interest is specially demanded in a suit.
// - Conventional assessment
I. Clauses and notices excluding or limiting responsibility
300 No person may exclude or limit his responsibility when
it results from intentional or gross fault.
301 No person may exclude or limit his responsibility for
injury to the person, subject to express provision of law.
302 A notice or sign stipulating exclusion or limitation of
responsibility has effect only if it is proven that the party
against whom the notice or sign is invoked was aware of its
existence when the contract was formed.

OBLIGATIONS
303 No person may use a notice or sign to exclude or limit
his responsibility as regards third parties.
However, the notice or sign may constitute warning of a
danger.
2. Penal clauses
304 A penal clause is one by which a debtor agrees to suffer a
penalty if he does not execute his obligation.
305 The penalty is due without the creditor being bound to
prove the damage that the inexecution has caused him.
306 A penal clause is subject to Article 76.
307 A creditor may demand execution of the obligation
rather than payment of the stipulated penalty.
He may not demand both together, unless the penalty
has been stipulated solely for being late in the execution of the
obligation.
308 A stipulated penalty may be reduced to the extent to
which the creditor has benefited from partial execution of the
obligation.
309 A creditor may not avail himself of a penal clause before
the debtor is in default to execute his obligation.
310 A clause by which a debtor undertakes to defray the
collection fees should he fail to pay his debt when it is due is
without effect.
379

380 OBLIGATIONS
Section II
Apportionment of responsibility
311 When several persons have caused the damage, responsibility
is apportioned among them in proportion to the
seriousness of their respective faults.
312 A debtor is not responsible for any increased damage if
the creditor could have avoided it by reasonable means.
313 When several persons have committed separate faults
any one of which could have caused the damage, and it is
impossible to determine which fault actually caused it, all are
solidarily responsible.

OBLIGATIONS 381
TITLE SIX
EXTINCTION OF OBLIGATIONS
CHAPTER I
COMPENSATION
314 When two persons are reciprocally indebted to one
another, both debts are extinguished by compensation up to
the amount of the lesser debt.
315 Compensation operates of right when two equally liquid
and exigible debts exist and the object of each of them is a sum
of money or a certain quantity of fungible goods of the same
kind.
316 A party may apply for judicial liquidation of a debt
under the Code of Civil Procedure in order to set up
compensation.
317 Compensation occurs even if the debts are not payable
at the same place, provided allowance is made for remittance
expenses.
318 A period of grace granted by the court or by law for
payment of a debt does not prevent compensation.
319 There is no compensation when:
1. an application is made for restitution of a thing of which
the owner has been unjustly deprived;
2. an application is made for restitution of a thing
deposited;
3. a debt results from an act performed with intention to
harm;
4. a debt is exempt from seizure.

382 OBLIGATIONS
320 When several debts subject to compensation are owed
by one person, the compensation is governed by the rules on
imputation of payment.
321 A solidary debtor may not set up compensation for what
the creditor owes his codebtor, except as regards the
codebtor's share in the solidary debt.
322 A debtor may not set up against a solidary creditor
compensation for what a cocreditor owes him, except as
regards the cocreditor's share in the solidary debt.
323 A surety may set up compensation for what the creditor
owes the principal debtor.
324 A principal debtor may not set up compensation for
what the creditor owes the surety.
325 A debtor who accepts a transfer which the creditor
makes to a third party may not set up against the transferee
the compensation he could have set up against the transferor
before the acceptance.
A transfer not accepted by the debtor, but served upon
him, prevents compensation only as regards debts due by the
transferor subsequent to the service.
326 Compensation may not prejudice the acquired rights of
third parties.
327 Renunciation of compensation may not prejudice the
acquired rights of third parties.
328 A debtor who could have set up compensation and has
nevertheless paid the debt he owed may not subsequently
avail himself, to the prejudice of third parties, of any security
attached to his debt, unless he was unaware of the existence of
the debt at the time of payment.

OBLIGATIONS 383
CHAPTER II
NOVATION
329 There is novation when:
1. a debtor assumes towards his creditor a new debt
replacing the first debt which is extinguished;
2. a new debtor replaces the former debtor who is discharged
by the creditor; novation then takes place
without the consent of the former debtor;
3. a new creditor replaces the former creditor with regard
to whom the debtor is discharged.
330 Novation is not presumed.
There must be an obvious intention to effect it.
331 Novation extinguishes the former obligation and its
accessories, and substitutes a new obligation for it.
However, it may be agreed that the real security will be
retained and attached to the new debt, provided the owner of
the property affected consents to it.
332 Novation taking place between a creditor and one of his
solidary debtors releases the other codebtors in respect of the
creditor.
However, when the creditor has insisted on accession of
the codebtors to novation, the former debt subsists if the
codebtors refuse.
333 Novation which has been agreed to by one of the
solidary creditors may not be set up against his cocreditors,
except as regards the share of the creditor in the solidary debt.

384 OBLIGATIONS
CHAPTER III
CONFUSION
334 When the qualities of creditor and of debtor are combined
in the same person, confusion arises which extinguishes
the obligation.
335 Confusion which arises when the qualities of creditor
and of debtor are combined in the same person benefits the
sureties.
336 Confusion which arises when the qualities of surety and
of creditor, or of surety and of principal debtor, are combined
does not extinguish the principal obligation.
337 Confusion which arises when the qualities of creditor
and of solidary debtor are combined does not extinguish the
obligation, except to the extent of the codebtor's share.
338 Confusion which arises when the qualities of debtor and
of solidary creditor are combined does not extinguish the
obligation, except to the extent of the cocreditor's share.
CHAPTER IV
RELEASE OF DEBT
339 Release of a debt is either express or tacit.
340 Voluntary surrender by the creditor to his debtor of the
original title to an obligation creates a presumption of release
of the debt.
341 Voluntary surrender of the title to a debt to one of the
solidary debtors creates a presumption of release of the debt
with regard to all.

OBLIGATIONS 385
342 Release of a debt granted to one of the solidary debtors
discharges the others only to the extent of their share.
343 Release of a debt granted by one of the solidary
creditors discharges the debtor only to the extent of the share
ofthatcocreditor.
344 Release of security granted by a creditor does not create
a presumption of release of the secured debt.
345 Release granted to one of the sureties discharges the
others to the extent of the recourse they would have had
against the released surety.
However, anything a creditor receives from a surety for
his discharge is not imputed to the discharge of the principal
debtor or of the other sureties.
CHAPTER V
IMPOSSIBILITY OF EXECUTION OF OBLIGATIONS
346 A debtor of an obligation is discharged when its execution
becomes impossible by reason of a fortuitous event.
A debtor who is bound to execute his obligation despite
a fortuitous event may not avail himself of this article.
347 The debtor so discharged may not demand execution of
the creditor's correlative obligations; if they have been
executed, there may be restitution.
When the debtor has executed part of his obligations,
the creditor is bound to the extent to which he has benefited.
348 A contract is resolved or resiliated of right when either
party is discharged from the execution of his obligations by
reason of a fortuitous event.

386 OBLIGATIONS
If the execution of an obligation has become partially
impossible by reason of a fortuitous event, the court may,
according to the circumstances, resolve or resiliate the contract,
or uphold it and reduce the obligations of the other party
proportionately.
CHAPTER VI
EXTINCTIVE TERMS
349 An obligation whose duration is determined by law or
by the parties is extinguished by expiry of the term.

OBLIGATIONS
TITLE SEVEN
NOMINATE CONTRACTS
CHAPTER I
SALE
Section I
Sale in general
§ - 1 General provisions
350 Sale is a contract by which the vendor, for a price in
money, transfers property to the purchaser.
351 This chapter applies to every onerous contract for the
alienation of a thing.
352 A person entrusted with selling or administering property
belonging to another, or supervising its administration,
may not purchase that property.
353 No person may sell his property for a price paid out of a
fund which he administers or the administration of which he
supervises.
354 The nullity resulting from Articles 352 and 353 does not
apply to any public auction made under judicial authority,
except as regards the public officer entrusted with the sale.
355 The persons deprived by Articles 352 and 353 of the
power to buy or sell may not invoke the nullity resulting from
the violation of these provisions.
356 Notwithstanding Article 24, the owner may sell the
387

388 OBLIGATIONS
property which he was previously obliged to sell to another
person.
The beneficiary of the promise may then recover damages
from the purchaser in bad faith and from the vendor.
357 The sale of a thing belonging to another may be
annulled at the request of the purchaser, unless the vendor
acquires ownership of the thing before the action is instituted,
and unless the owner can no longer claim it.
358 Any amount paid on the occasion of a promise of sale or
of purchase is presumed an instalment on the price.
An option of withdrawal must be expressly provided.
§ - 2 Obligations of the vendor
/ - General provisions
359 A vendor is bound to:
1. guarantee the right of ownership;
2. deliver the thing;
3. warrant against latent defects.
360 A vendor may not exonerate himself from his personal
acts.
This provision is imperative.
361 Unless the purchaser buys at his risk and peril, the
vendor may not exclude or limit his responsibility if he has not
disclosed the defects in the title or in the thing, of which he
knew, or which he could not ignore.
This provision is imperative.

OBLIGATIONS 389
362 Damages for inexecution of the vendor's obligations
may be claimed by way of reduction of the price or otherwise.
// - Guarantee of the right of ownership
363 The vendor guarantees that the thing is free of all rights
except those which he declared at the time of the sale.
364 The vendor is bound to purge the thing of all security,
even declared, unless the purchaser has assumed the debt so
secured.
365 The vendor must surrender to the purchaser the title
deeds which he has in his possession.
366 A purchaser who discovers a risk of eviction may, at the
same time, call into warranty both the vendor and any
previous warrantor.
/// - Delivery
367 The vendor delivers by giving the purchaser possession
of the thing, or by agreeing to his taking possession, all
obstacles being removed.
368 The vendor is bound to deliver the thing in the state in
which it was at the time of the sale.
369 The vendor is bound to deliver the thing with all its
accessories and everything intended for its perpetual use.
370 The vendor is bound to deliver the quantity specified in
the contract, unless the certain and determinate thing has
obviously been sold as an entity, without regard to quantity.
371 A vendor who has granted a term for payment is not
bound to deliver the thing if, following the sale, the purchaser
has lost the benefit of the term.

390 OBLIGATIONS
372 The vendor assumes the costs of delivery.
IV - Defects in the thing
373 The vendor is bound to warrant the purchaser against
latent defects existing at the time of the sale, which render the
thing unfit for the use for which it was intended or which
diminish its usefulness to such an extent that, had the
purchaser been aware of the defects, he would not have
purchased the thing or would not have paid so high a price.
374 The vendor is not responsible for any apparent defects.
An apparent defect is one which a diligent purchaser
can perceive without expert assistance.
375 Latent defects give the purchaser a right to annulment
of the contract or to reduction of the price, according to the
circumstances.
Whether or not the latent defects are known to the
vendor, the purchaser may also claim for damages or join
these recourses.
376 If a thing perishes because of latent defects which
existed at the time of the sale, the vendor bears the loss.
If a thing which has latent defects perishes through the
fault of the purchaser or through a fortuitous event, the
purchaser must deduct from his claim the value of the thing at
the time of the loss.
377 The purchaser must notify the vendor in writing of the
defects or lack of conformity in the thing within ninety days
after discovery.
The notice given after that period is still valid and an
action can be maintained if the purchaser provides a reasonable
excuse for his delay.

OBLIGATIONS 391
378 A sale under forced execution does not give rise to any
recourse by reason of latent defects.
§ - 3 Obligations of the purchaser
379 The purchaser is bound to pay the price, to take delivery
of the thing and to pay the removal expenses.
380 The purchaser is bound to pay the price at the time and
place of delivery.
381 The purchaser is bound to pay interest on the price from
the time of delivery if the thing is of such a nature as to yield
fruits or income.
382 The purchaser is bound to pay the expenses related to
the deed of sale.
§ - 4 Special provisions concerning sale of moveable
property
383 Sale of a certain and determinate moveable thing makes
the purchaser owner of it by the sole consent of the parties.
The same applies when moveable things are sold in
bulk, even if an operation remains necessary to determine the
price.
384 Sale of a moveable thing determined only as to kind
makes the purchaser owner as soon as he is informed that the
thing is certain and determinate.
385 If a person sells the same moveable thing to different
purchasers successively, the purchaser in good faith who is
first given possession owns the thing, although his title may be
later in date.
386 When the price is not determined by the contract, or

392 OBLIGATIONS
cannot be determined by it, the purchaser must pay the price
usually required in similar circumstances.
387 When a thing belonging to another is sold, the owner
may revendicate it from the purchaser, unless the sale was
made under judicial authority or unless the purchaser can set
up acquisitive prescription.
388 If the purchaser does not pay the price and does not
accept delivery of the thing, the vendor may consider the sale
resolved, in accordance with the rules in this Book governing
resolution of contracts.
389 The sale of a thing on trial is presumed made under a
suspensive condition.
When no period has been stipulated for the trial, the
condition is fulfilled once the purchaser has failed to advise
the vendor of his refusal within thirty days after receipt.
§ - 5 Special provisions concerning sale of immoveable
property
390 Sale of immoveable property makes the purchaser
owner of it by the sole consent of the parties.
However, the sale has no effect with respect to third
parties except in accordance with the Book on Publication of
Rights.
391 A sale obliges the parties to pass the deed required for
the publication of ensuing rights.
392 The parties share the property taxes for the current year
according to local usage.
393 A vendor is responsible for any encroachment by him or
by a third party, unless he has declared it.

OBLIGATIONS 393
394 The vendor is responsible to the purchaser for any
violation of the law and of regulations in the construction or
use of the immoveable property at the time of the sale, unless
the vendor has declared the violation.
395 The vendor must furnish the purchaser with a copy of
his deed of acquisition, any previous titles which he has in his
possession, and a certificate of search covering the previous
twenty-five years.
396 The vendor must cause to be cancelled the registration
of extinguished rights, and of those which he has not declared
and which are of such a nature as to diminish the right
transferred to the purchaser.
397 Subject to Article 370, the vendor is bound to deliver the
surface area mentioned in the contract, whether the price is
according to measurement or for the whole.
If the delivery cannot be made, the purchaser is entitled
to a reduction in the price.
If the surface exceeds that mentioned in the contract, the
purchaser must pay for the excess or restore it to the vendor.
If the difference in surface causes the purchaser serious
damage, he is entitled to resolution.
Section II
Special rules governing certain sales
§ - 1 Auction sales
/ - General provisions
398 An auction sale is one by which a thing is adjudicated to
the last and highest bidder.

394 OBLIGATIONS
399 An auction sale may be voluntary or forced.
400 The conditions of sale cannot be set up against the
successful bidder unless the auctioneer communicates them to
the persons present before he receives any bids.
401 The auctioneer must reveal the identity of the vendor
before he receives any bids; if he fails to do so, he is personally
bound to all the obligations of a vendor.
Any stipulation to the contrary is without effect.
402 Entry of the successful bidder's name and bid in the
auctioneer's register makes proof of the sale.
If no such entry is made, proof by testimony is
admissible.
403 If the purchaser fails to pay the price in compliance with
the conditions of the sale, the auctioneer, in addition to the
ordinary recourses of a vendor, may resell the thing for false
bidding, according to usage and after sufficient notice.
404 The false bidder must pay the difference between the
price awarded him and the lesser resale price, but he may
claim no excess.
He is responsible towards the vendor, the seized debtor
and the judgment creditors for all interest, costs and damages
arising from his default.
405 No false bidder may bid again.
406 When immoveable property is adjudicated, the vendor
and the successful bidder must pass the deed of sale contemplated
in Article 391 within ten days from the request of either
party.
407 A successful bidder who claims to act for another

OBLIGATIONS 395
person, but does not reveal the name of his principal, or who
exceeds the limits of his mandate, is personally bound to the
obligations of a purchaser.
// - Special provisions governing forced auction sales
408 A forced auction sale is subject to the Code of Civil
Procedure.
409 In addition to his recourse against the seizing party, a
successful bidder evicted following annulment of a forced sale
may recover the price he paid from the debtor, with interest
and costs of title; he may also recover the price, with interest,
from the creditors who have collected it.
410 An evicted successful bidder may claim from the seizing
creditor the damages which result from any irregularity in the
seizure or the sale.
§ - 2 Bulk sale
411 A bulk sale is one which has as its object all or a
substantial part of a commercial, industrial, professional or
other enterprise, and which is made outside the vendor's
regular activities.
412 When a sale is made by auction of lots or of a whole, the
auctioneer, before parting with the purchase price, must
observe the formalities imposed on the purchaser by Articles
413 to 422.
413 The purchaser, before the sale, must obtain a solemn or
sworn statement from the vendor giving the name and address
of each of the vendor's creditors and indicating the amount
and the nature of each debt, and the security attached to it.
414 When the aggregate of the debts mentioned in the
vendor's statement does not exceed ten thousand dollars, the

396 OBLIGATIONS
purchaser is exempt from the formalities provided for in
Articles 415 to 422.
415 When the sale price, or that part of it payable in cash, is
not sufficient to pay fully the creditors mentioned in the
statement, the purchaser must obtain written approval, before
the sale, of at least sixty percent in number and value of those
creditors whose claim is of four hundred dollars or more.
These creditors then may designate a person to whom
the purchaser must pay the price for purposes of distribution.
416 The creditor must assess his security and give written
notice of the assessment to the purchaser.
If he does not assess his security or if the assessment
exceeds the amount of his claim, his claim is not counted for
the purposes of Articles 417 to 422.
For the purposes of Articles 417 to 422, a claim which
exceeds the amount of the assessment is deemed equal to the
excess.
417 Fifteen days after the sale, the purchaser submits to the
vendor the claims of all creditors not mentioned in the
statement.
He pays those mentioned in the statement and any
others whose claim has been approved by the vendor.
The purchaser retains an amount equal to that of the
claims not approved by the vendor and remits the balance to
him.
418 When the sale price, or that part of it payable in cash, is
less than the aggregate of the debts mentioned in the statement
or approved by the vendor, the purchaser must remit the
price to the person designated for distribution among the
creditors.

OBLIGATIONS 397
419 The person designated by the creditors or by the court,
as the case may be, makes out a distribution slip and so advises
the creditors.
If there is no contestation, he pays the creditors fifteen
days after the notice is sent out.
420 When the purchaser has observed the necessary formalities,
the creditors of the vendor have no recourse against the
property sold or against the purchaser.
They nevertheless retain their recourses against the
vendor.
421 When the required formalities have not been observed, a
bulk sale may not be set up against the vendor's creditors at
the time of the sale, and the purchaser is liable towards the
creditors up to the value of the property of which he has taken
possession.
422 The court, upon motion, may:
1. decide any dispute as to the amount of a claim made in
accordance with the preceding articles, or as to any
assessment which a secured creditor makes of his
security;
2. exempt the purchaser from all or any of the formalities
provided for in the preceding articles;
3. appoint the person to whom the sale price must be given
for distribution to creditors when they have designated
no such person under Article 415;
4. decide any other questions relating to the application of
Articles 411 to 421.
423 Articles 411 to 422 do not apply to:
1. a sale made by a public officer acting under judicial
authority;
2. a sale where the purchaser assumes the debts and

398 OBLIGATIONS
continues the vendor's entreprise, and notifies the
creditors of the sale;
3. a creditor who waives the benefit of these provisions.
§ - 3 Sale of debts
424 A sale of a debt includes all the accessories such as
interest accrued and security.
425 A salary or support may not constitute the object of a
sale, unless it is exigible.
426 The vendor of a debt guarantees that the debt exists and
is owed him, even if the sale is made without warranty, unless
the purchaser buys at his risk and peril or was aware of the
uncertain nature of the debt.
427 When the vendor guarantees the solvency of the debtor
by a simple clause of warranty, the warranty applies only to
the solvency at the time of the sale and to the extent of the
price received.
428 Sale of all or part of a debt may not render the debtor's
obligations more onerous.
429 The sale of a debt secured by immoveable property is
governed by Article 391.
430 Subject to the rules governing publication of rights, a
sale has no effect with regard to third parties and to the debtor
unless the debtor has received a copy of the deed of sale, or
evidence of the sale which can be set up against the vendor, or
unless he has agreed to the sale.
431 If the debtor, notwithstanding his diligence, cannot be
found in Quebec, the sale has effect with regard to third
parties and to the debtor upon publication of a single notice of
sale in accordance with Article 139 of the Code of Civil
Procedure.

OBLIGATIONS 399
432 Subject to the rules governing publication of rights, sale
of a universality of debts, present or future, has effect as
regards third parties upon the deposit in the central register of
moveable rights of a copy of the deed of sale, or any evidence
of the sale which can be set up against the vendor.
However, the sale has no effect with regard to the debtor
unless the requirements of Articles 430 or 431 have been
complied with.
433 Notwithstanding Articles 430, 431 and 432, payment
made in good faith by the debtor or by a surety to the
ostensible creditor is valid.
434 When a copy of the deed of sale or of any evidence of the
sale which may be set up against a vendor is delivered only
upon service of the action brought against the debtor, no legal
costs may be charged against the debtor if he pays within the
delays for appearance.
435 The sale has no effect against a surety unless the
requirements of Articles 430, 431 and 432 have been met with
regard to him.
436 As long as the sale has no effect with regard to the
debtor, he benefits from any payment made to the vendor or
from any other mode of extinction of the obligation.
437 Articles 424 to 436 apply to all transfers of debts by
gratuitous title.
§ - 4 Sale of rights of succession
438 A person who sells a right of succession without specifying
the property affected by the right warrants only his quality
as an heir.
439 The vendor returns to the purchaser the fruits or income

400 OBLIGATIONS
received, the debts collected, and the price of the things sold
which were part of the succession.
440 The purchaser must reimburse the vendor for the debts
and costs of the succession paid by the vendor; he must pay
the vendor what the succession owes him.
He must also pay the debts of the succession for which
the vendor is responsible.
441 Unless he himself is a coheir, the purchaser of rights of
succession may be excluded from the partition of the succession
by one or more heirs, provided he is reimbursed the price
he paid, with costs and interest from the day of payment.
§ - 5 Sale of litigious rights
442 A right is litigious when it can seriously be contested.
443 Judges, lawyers or officers of justice may not acquire
litigious rights.
However, they may not invoke the nullity resulting from
the violation of the first paragraph.
444 When a litigious right is sold, the person from whom it is
claimed is fully discharged once he has paid the purchaser the
price, the costs, and interest on the price from the day when
payment was made.
445 The preceding article does not apply to a sale made to a
coheir or co-owner of the right sold, nor to a sale made to the
possessor of the thing that is the object of the right.

OBLIGATIONS 401
CHAPTER II
GIFTS
Section I
Gifts inter vivos
§ - 1 General provisions
446 A gift is a contract by which the donor, without
receiving compensation, transfers property to the donee.
447 The gift of a certain and determinate thing which the
donor obliges himself to acquire, or of a thing determinate
only as to kind which he obliges himself to deliver, makes him
the donee's debtor.
448 A remunerative liberality or one with charge constitutes
a gift for that portion of the value of the property in excess of
that of the remuneration or the charge.
449 This chapter applies to concealed and indirect gifts.
450 There is no gift when a person renounces a right which
he has not definitely acquired, or when he renounces a
succession or a legacy.
451 The promise of a future gift, even if accepted, does not
constitute a gift.
However, the promise obliges the person who makes it
to pay the other party the value of any benefits he has
conceded and the expenses incurred in consideration of the
promise.
452 A gift made by a minor is null except with respect to
modest sums or customary presents.

402 OBLIGATIONS
Only the minor may invoke the nullity of the act.
453 Parents and other ascendants, or tutors, may accept gifts
made to minors, to persons of major age under tutorship, or to
unborn children provided they are later born live and viable.
Consent thus given has the same effect as that given by a
donee of major age.
454 The gift of a thing belonging to another is valid only if
the donor later becomes the owner of it.
455 A gift which transfers ownership or creates an obligation
only on the death of the donor, or would make the
death a condition of the obligation, is absolutely null.
It may be valid as a will, however, provided it meets its
requirements.
456 A gift is valid if the delivery of the property, ownership
of which has already been transferred to the donee, is subject
to a term, even if the term is the death of the donor.
457 A gift which takes effect partly inter vivos and partly on
the death of the donor is subject, as the case may be, to the
rules governing gifts and to those governing wills.
458 The rules governing resolution or resiliation of contracts
apply to gifts, subject to the special provisions pertaining to
annuities and hypothecs.
459 A gift made while the donor is deemed mortally ill is
null as having been made mortis causa, whether or not he dies
later, if it is not validated by any circumstances.
§ - 2 Obligations of the parties
460 The donor is only bound to transfer to the donee the
right he holds in the thing.

OBLIGATIONS 403
461 The donee assumes the charges encumbering the thing.
He is also personally responsible for the hypothecary
debts for which the donor is responsible.
462 The donee has no recourse against the donor because of
payments he has made to free a thing given from a right
belonging to a third party, or to execute a charge.
However, the donor must reimburse the evicted donee
for expenses paid in consideration of the gift which exceed the
benefit he received from the gift, if the eviction results from a
defect in the right of ownership of which the donor was aware
and which he did not reveal at the time of the gift.
The donor must also reimburse the donee for what the
donee was required to pay in excess of the benefit he received
from the gift.
463 The donor is not responsible for latent defects in the
thing.
He is responsible, however, for the damage caused to the
donee by the dangerous condition of the thing, if he was aware
of the condition and did not reveal it.
464 The donor is bound to surrender to the donee the title
deeds which he has in his possession.
465 The donor delivers by giving the donee possession of the
thing or by agreeing to his taking possession, all obstacles
being removed.
466 The donee is bound to take delivery of the thing and pay
the removal expenses.
467 The donee is bound to pay the expenses related to the
deed of gift.

404 OBLIGATIONS
§ - 3 Conditions and charges
468 A condition that is impossible or contrary to imperative
provisions of law, public order or good morals has no effect.
It does not annul the gift.
469 The universal donee is personally responsible for all
debts which the donor had at the time the gift was made.
The donee by general title is personally responsible for
the same debts in proportion to what he receives.
470 However, if the things given are sufficiently described in
the gift or if he has made an inventory, the donee by any title
may release himself from the donor's debts by rendering an
account and abandoning all that he has received.
471 The exception of particular things, whatever their
number or value, in a universal gift or a gift by general title,
does not exonerate the donee from payment of debts.
472 The creditors of the donor and of the donee are entitled
to separation of patrimonies according to the Book on
Succession.
473 A stipulation is without effect if it compels the donee to
pay any debts or charges other than those in existence when
the gift was made, or other than future debts or charges the
nature of which is described and the amount of which is
specified in the contract.
§ - 4 Gifts with a charge in favour of a third party
474 A gift may be accompanied by a charge or stipulation in
favour of a third party.
475 When the charge benefits several persons jointly, the

OBLIGATIONS 405
death of one of them entails revertibility of his share in favour
of the cobeneficiaries.
When the charge benefits several persons and determines
their respective shares, the death of one of these persons
does not entail revertibility of his share in favour of the
survivors, saving the exceptions provided in the chapters on
usufruct and on annuities.
476 The donor does not benefit from revocation or lapse of a
charge.
The donee benefits from revocation or lapse of a charge
unless a third party benefits from it by law, by the will of the
parties or by the nature of the contract.
§ - 5 Moveable property
477 A gift of a certain and determinate moveable thing
makes the donee the owner of it by the sole consent of the
parties.
478 A gift of a moveable thing determined as to kind only
makes the donee the owner as soon as he is informed that the
thing is certain and determinate.
479 If a person gives the same moveable thing to several
different donees successively, the donee in good faith who is
first given possession is the owner, even though his title may
be later in date.
§ - 6 Immoveable property
480 A gift of immoveable property must be established by a
notarial deed en minute, on pain of absolute nullity.
481 A gift of immoveable property makes the donee the
owner of it at the time of the gift.

406 OBLIGATIONS
However, the gift has no effect as regards third parties
except in accordance with the Book on Publication of Rights.
Section II
Gifts made by marriage contracts
482 Gifts inter vivos made in marriage contracts are governed
by the rules relating to gifts.
483 A gift made in a matrimonial agreement takes effect at
the same time as the agreement itself.
484 Only future consorts or consorts may be donors.
485 Only future consorts, consorts, their respective children,
and the issue of the union born or to be born may be donees.
The consent of the children born or to be born is
presumed.
486 A contractual institution and any other gift mortis causa
may be made only in a marriage contract.
They are governed by the rules on wills, except as to
their form.
487 A contractual institution and any other gift mortis causa
are always revocable if they are universal or by general title.
488 A contractual institution and any other gift mortis causa
are presumed revocable if made by particular title.
If they are stipulated as irrevocable, the donor may not
dispose by gratuitous title of the property given by deed inter
vivos or by will.
489 Any stipulation inconsistent with this chapter is without
effect.

OBLIGATIONS 407
CHAPTER III
LEASE OF THINGS
Section I
Rules applicable to all leases
§ - 1 General provisions
490 Lease of things is a contract by which, in return for the
rent, the lessor binds himself towards the lessee to grant him
the enjoyment of a thing during a certain time.
491 A lease has for its object a moveable or an immoveable.
492 A lease is for a fixed or an indeterminate term.
493 This chapter does not apply to leasing made by a person
who carries on the business of lending or granting credit and
who, at the request of the lessee, has acquired from a third
party ownership of the property forming the object of the
contract, provided that:
1. the leasing is for commercial, industrial, professional or
handicraft purposes;
2. the leasing relates to a moveable;
3. the lessee has personally chosen the property;
4. the lessor transfers expressly to the lessee the warranty
resulting from the sale entered into with the third party;
and that
5. the transfer of warranty is accepted without reserve by
the third party.
§ - 2 Obligations of the lessor
494 The lessor must:

408 OBLIGATIONS
1. deliver the thing in a good state of repair;
2. maintain the thing in a condition fit for the use for
which it has been leased;
3. give peacable enjoyment of the thing for the duration of
the lease.
495 The lessor, during the lease, must make all necessary
repairs other than lessee's repairs.
496 The lessor must warrant the lessee against latent defects
in the thing which prevent or diminish its use, whether or not
they are known to the lessor.
He is also responsible for the damage sustained by the
lessee.
497 The lessor may not change the form or the destination of
the thing during the lease.
498 The lessor is not liable for damage resulting from
disturbance of enjoyment of the thing by the act of a third
party, subject to Articles 523 and 524.
However, if the enjoyment of the thing is diminished,
the lessee retains his other recourses against the lessor.
499 The lessor is bound to warrant the lessee against
disturbances to his right.
500 If the lessor, through his fault, fails to execute an
obligation, the lessee is entitled to exercise the recourses in
Articles 254 and following.
501 If the court has granted a reduction of rent, the lessor is
entitled to re-establish the rent for the future once he has
remedied the situation.
502 If the lessor fails to make the repairs and improvements

OBLIGATIONS 409
which he is required to make, the lessee, without prejudice to
his other rights and recourses, may withhold the rent until
they are made.
503 The lessee must render an account to the lessor of the
repairs or improvements made and deliver to him vouchers for
the expenses incurred.
§ - 3 Obligations of the lessee
504 The lessee must:
1. use the thing with prudence and diligence;
2. pay the rent;
3. return the thing when the lease expires.
505 The lessee may not change the form or the destination of
the thing during the lease.
506 The lessee may not sublet all or part of the thing or
transfer his lease without the consent of the lessor, who cannot
refuse it without reasonable cause.
The lessor who does not answer within fifteen days is
deemed to have consented.
The lessor who consents to the subletting or transfer of
the lease can only require reimbursement of the expenses
reasonably incurred.
507 The sublessee is bound towards the principal lessor only
for the amount of the rent which he may owe at the time of
seizure; he may not set up payments made in advance.
Payments made by the sublessee either under a stipulation
in his lease and made known to the lessor, or in
accordance with local usage, are not deemed to be made in
advance.

410 OBLIGATIONS
508 The lessee is responsible for the damage and losses
which happen to the thing unless he proves that they occurred
without his fault or that of persons he allowed to have access
to it or use of it.
509 The lessee must permit the lessor to ascertain the
condition of the thing.
The lessor must exercise this right in a reasonable
manner.
510 The lessee must return the thing in the condition in
which he received it, with the exception of changes resulting
from normal aging or from a fortuitous event.
511 The condition of the thing may be established by a
description made by the parties.
In the absence of any description, the lessee is presumed
to have received it in good condition.
512 The lessee, on the expiry of the lease, may remove
improvements and additions which he made to the thing.
If they cannot be removed without deteriorating the
thing, the lessor is entitled to retain them, on paying their
value, or to compel the lessee to remove them.
If it is not possible to restore the thing to its original
condition, the lessor keeps them without indemnity.
513 The lessee must endure urgent and necessary repairs to
be made.
He is nevertheless entitled to a reduction of rent,
according to the circumstances.
He is also entitled to the resiliation of the lease if the
repairs are such as to cause him serious prejudice.

OBLIGATIONS 411
514 The lessor may require the lessee to temporarily vacate
or to be dispossessed, in order to make necessary repairs.
The court must then fix the conditions required to
protect the rights of the lessee.
515 The lessee is bound to make minor maintenance repairs.
However, he is not bound to make these repairs if they
result from normal aging of the thing or a fortuitous event.
516 If the lessee, through his fault, fails to execute an
obligation, the lessor is entitled to exercise the recourses
provided in Articles 254 and following.
§ - 4 Termination of the contract
517 A lease for a fixed term terminates of right upon expiry
of the term.
518 A party who intends to resiliate a lease for an indeterminate
term must give a notice to that effect to the other party.
519 The period for giving the notice is:
1. three days for moveables;
2. one month or one week for immoveables, according to
whether the rent is payable by the month or by the week.
If the rent is payable according to another term, the
notice must be given within a period equal to the term or, if it
exceeds three months, within a period of three months.
The notice must be in writing in the case of a lease of a
dwelling.
520 A lease is not resiliated by the death of either party.
521 In an action in resiliation for failure to pay rent, the

412 OBLIGATIONS
lessee may avoid the resiliation by paying, before judgment,
the rent due with interest and costs.
Section II
Special provisions respecting leases of immoveables
§ - 1 General provisions
522 A person occupying an immoveable by sufferance of the
owner is presumed to be a lessee.
In this case, the term of the lease is indeterminate. It
begins with occupancy and carries with it the obligation to
pay a rent corresponding to the rental value.
523 The lessee must act so as not to disturb the normal
enjoyment of other lessees of the same immoveable.
He is responsible to the lessor and the other lessees for
damage which may result from a violation of this obligation,
either on his own part or on that of persons he allows to have
access to the immoveable.
The violation also entitles the lessor to ask for resiliation
of the lease.
524 In the cases provided for in the preceding article, after
putting the common lessor in default, the lessee disturbed in
his enjoyment may obtain, if the disturbance persists, a
reduction of rent or the resiliation of the lease, according to
the circumstances.
He may also recover damages from the common lessor,
unless the latter proves that he acted with prudence and
diligence, saving the recourse of the lessor for repayment
against the lessee at fault.
525 A lease is tacitly renewed for one year or for the same

OBLIGATIONS 413
term if it was originally less than one year, when after the
termination of a lease with a fixed term, the lessee continues to
occupy the premises for more than eight days without opposition
by the lessor.
The renewed lease is a lease with a fixed term and is
subject to the same rules as the latter; it is also subject to
renewal.
This article does not apply to the lease of a dwelling
governed by Articles 544 to 547.
526 Security given by a third party to guarantee the execution
of the obligations of the lessee does not extend to the
renewed or extended lease.
527 In the event of fire in the premises leased, the lessee is
not liable for damages unless his fault, or that of persons
whom he has allowed to have access to it, is proven.
528 After having informed or attempted to inform the lessor
and if the latter does not act in due course, the lessee may
undertake urgent and necessary repairs for the preservation or
use of the immoveable leased.
Nevertheless, the lessor may intervene at any time to
continue the work.
The lessor must reimburse the lessee for reasonable
expenses thus incurred.
529 In leases with a fixed term of a year or more, the lessee
must allow the premises to be visited and signs to be posted,
for leasing purposes, during the three months preceding the
termination of the lease.
In leases with a fixed term of less than one year, the
period is one month.

414 OBLIGATIONS
Where the lease is for an indeterminate term, the lessee
is bound to that obligation from the time the notice is given in
accordance with Article 519.
530 A lease with a fixed term is not terminated by the
voluntary or judicial alienation of an immoveable, or extinction
of the lessor's title particularly by the fulfilment of a
resolutive condition, the exercise of a right of redemption or of
giving in payment causing resolution, the termination of
usufruct or the opening of a substitution.
531 However, if the lease is not registered or is registered
after the registration of the deed of alienation or of the deed
under which title is granted and there remain more than
twelve months of the term from the alienation or extinction of
the title, the purchaser or the person who benefits from the
extinction of the title may terminate it upon the expiry of
twelve months by previously giving a notice in writing to the
lessee.
The notice is of six months in the case of premises used
for industrial, commercial, professional or handicraft purposes
and three months in other cases.
532 A lease with an indeterminate term is not terminated of
right by the voluntary or judicial alienation of an immoveable,
or extinction of the lessor's title.
The acquirer or the person who benefits from the
extinction of the title may terminate it by giving a notice in
writing to the lessee in accordance with Article 5 19.
533 The lessor may obtain the eviction of the lessee who
continues to occupy the premises after termination of the lease
or after the date agreed upon during the lease.
534 The lease is resiliated by expropriation of the thing.
In the case of partial expropriation, the lessee, according

OBLIGATIONS 415
to the circumstances, is entitled to a reduction of rent or to the
resiliation of the lease.
In no case may the lessee claim damages from the lessor.
§ - 2 Special provisions respecting leases of dwellings
/ - General provisions
535 Articles 535 to 573 apply to the lease of a dwelling
regularly occupied as a place of habitation, with its services,
accessories and dependencies.
However, they do not apply:
1. to the lease of a room;
2. to the lease of a dwelling in which at least three rooms
are regularly leased by the lessee;
3. to the lease of a dwelling used as a vacation resort.
536 They apply even if the lessee uses part of the premises
for commercial, industrial, professional or handicraft purposes,
provided it does not exceed one-third of the total
surface area.
537 Any stipulation inconsistent with Articles 500, 502, 503,
506, 509, 513,516, 523, 524 and 527 to 532 when they apply
to the lease of a dwelling, and with Articles 538 to 573 is
without effect.
538 The inefficacy of a stipulation contemplated in the
preceding article does not entail nullity of the remainder of the
lease.
// - Obligations of the parties
539 The lessor must deliver and maintain the dwelling in a
condition fit for habitation and give peaceable enjoyment of it.

416 OBLIGATIONS
540 The lessor is bound to make all repairs imposed on him
by law or by a municipal by-law respecting safety or
sanitation.
The lessee has the same rights against the lessor in
respect of these repairs as if the lessor had undertaken by a
lease to make them.
541 Except in case of urgency and subject to his right to have
a prospective lessee visit the dwelling under Article 529, the
lessor must give the lessee notice of at least twenty-four hours
of his intention to visit the premises in accordance with Article
509.
The lessor must also give notice of at least twenty-four
hours of his intention to have the dwelling visited by a
prospective purchaser.
542 The lessee must use the dwelling reasonably, and keep it
clean.
543 The lessee may not, without the consent of the lessor,
use or keep in the dwelling any substance which would
constitute a risk of fire and have the effect of increasing the
lessor's insurance premiums.
544 Every lease for a fixed term is, upon its termination,
extended of right for the same period.
However, where the term is for more than twelve
months, the lease may only be extended for a period of twelve
months.
The parties nevertheless may agree to a different extension
period.
This article does not apply to the lease granted by an
employer to his employee as an accessory to a contract of
employment.

OBLIGATIONS 417
545 A lessor who wishes to avoid the extension of the lease
contemplated in the preceding article or to increase the rent or
change any other condition for the renewal or extension of the
lease must give notice in writing to the lessee.
A lessee who wishes to avoid the extension of a lease
contemplated in the preceding article must give notice in
writing to the lessor.
546 The notice contemplated in the preceding article must
be given three months before the expiry of the term in the case
of a lease for a fixed term of twelve months or more; one
month or one week before the expiry of the term in the case of
a lease for a fixed term of less than twelve months according to
whether the rent is payable by the month or by the week.
If the rent is payable according to another term, the
notice must be given within a period equal to that term or, if it
exceeds three months, within a period of three months.
These notices may not be given beyond a period exceeding
twice that provided for in the preceding paragraphs.
547 Either party may, for reasonable cause and with the
permission of a judge, give notice after the expiry of the period
referred to in the first two paragraphs of the preceding article,
provided the other party does not suffer serious damage from
this.
In the case of a lease contemplated by the fourth
paragraph of Article 544, the lessor must give the lessee notice
of at least one month to terminate the lease, whether the lease
is for a fixed term or for an indeterminate term.
548 When, during a lease, the immoveable is voluntarily or
judicially alienated or the lessor's title is extinguished, the new
acquirer or the person who benefits from the extinction of the
title has, towards the lessee, the rights and obligations
resulting from the current lease.

418 OBLIGATIONS
/// - Resiliation of the lease
549 The lessor is entitled to resiliation of the lease for nonpayment
of the rent only if the lessee has delayed for more
than three weeks.
550 The lessor is entitled to resiliation of the lease when the
dwelling is ruinous and becomes dangerous for the public or
for the occupants.
551 The lessee may resiliate the current lease if he has
obtained permission to lease a dwelling in a low rental
building provided for by law.
He must give notice to the lessor three months before the
date contemplated for taking possession of the dwelling in the
case of a lease for a fixed term of six months or more, and one
week in the case of a lease for a fixed term of less than six
months.
552 The heir or legatee of a deceased lessee may resiliate the
current lease.
He must notify the lessor in writing three months before
the resiliation.
The notice must be given within six months after the
death.
553 If the lessee leaves the dwelling before the expiry of the
lease, taking his moveable effects, the lessor may make a lease
with a new lessee.
The new lease entails resiliation of the former, but the
lessor retains his recourse in damages against the person who
has left the premises.

OBLIGATIONS 419
IV - Prohibitions
554 The lessor may only require advance payment of rent for
one term or, if the term exceeds one month, payment of one
month's rent.
He may not require any other amount in the form of a
deposit or otherwise.
555 The lessor may not require issue of a cheque or other
post-dated instrument for payment of rent except for the final
term or, if the term exceeds one month, for payment of the
final month's rent.
556 The following are without effect:
1. any clause to forfeit the term for payment of the rent;
2. any clause in a lease for a fixed term of twelve months or
less that would directly or indirectly increase the rent
during the lease.
557 In a lease for more than twelve months, the parties may
agree that the rent will be readjusted in relation to any
variation of the municipal or school taxes affecting the
immoveable, of the unit cost of fuel or electricity in the case of
a dwelling heated or lighted at the cost of the lessor, and of
premiums for fire insurance and liability insurance.
The readjustment may not be made during the first
twelve months of the lease and may not occur more than once
during each additional period of twelve months.
If the amount of the readjustment is contested, the
parties may apply to the court by way of motion.
558 The following are without effect:
1. any clause of exclusion or limitation of the liability of
the lessor;
2.any agreement intended to render the lessee liable for
damage caused without his fault.

420 OBLIGATIONS
559 Any penal clause in which the amount provided for
exceeds the damage actually sustained by the lessor may be
annulled or reduced.
560 Any agreement to alter the rights of the lessee by reason
of an increase in the number of members of his family is
without effect, unless the space of the dwelling warrants it.
561 Any agreement by which the lessee undertakes not to
hypothecate in favour of third parties moveables furnishing
the dwelling is without effect.
562 Locks allowing access to the dwelling may be changed
only with the consent of the parties.
563 Any agreement by which the lessee acknowledges that
the dwelling is in good condition is without effect.
V - Offences
564 If the parties agree to a written lease, the lessor, within
fifteen days after it is made, must give the lessee a copy of the
lease reproducing, in full and in the manner indicated there,
section II of the form attached as a schedule.
565 If the parties agree to a verbal lease, the lessor, within
three days after the agreement, must give the lessee a writing
reproducing, in full and in the manner indicated there, section
II of the form attached as a schedule.
566 The lease and writing referred to in Articles 564 and 565
must be drawn up in French or in English, at the option of the
lessee.
567 The type used for the printed lease or writing referred to
in Articles 564 and 565 must be of at least:
1. for marginal notes, for titles and for the word "notice"
at the beginning of section II, twelve-point face on
thirteen-point body bold-faced capitals;

OBLIGATIONS 421
2. ten-point face on eleven-point body for the remainder of
the contract.
568 No person may refuse to make a lease with a prospective
lessee or to maintain a lessee in his rights for the sole reason
that he has one or more children, taking into account the
space of the dwelling.
569 Any person who contravenes Articles 562 or 564 to 568
is guilty of an offence and is liable, in addition to the costs, to a
fine of not more than five hundred dollars for each offence.
570 Any person who requires of the lessee any payment
other than those authorized by Article 554 or 555 is guilty of
an offence and is liable, in addition to payment of the costs, to
a fine of not more than five hundred dollars for each offence.
571 Contravention of any of the articles mentioned in
Articles 554, 555, 562 and 564 to 568 does not allow a person
to demand the nullity of the lease.
572 Proceedings under Article 569 or 570 are instituted by
any person authorized by the Attorney-General in accordance
with the Summary Convictions Act and Part II of that act
applies to them.
573 The court condemning a person accused of an offence
mentioned in Article 569 or 570 to a fine may order the
accused, at the request of the victim, to reimburse him any
amount collected without right or to pay him the damages
incurred by him as a result of the commission of the offence.
If the accused does not comply with the order within the
period fixed by the court, the victim may have the order
registered in the office of the competent civil court.
The order is then executed as any judgment of that
court.

422 OBLIGATIONS
CHAPTER IV
AFFREIGHTMENT
Section I
General provisions
574 "Ship" means any type of vessel or other means of
transport which is or can be used solely or partly for navigation
by water, regardless of its means of propulsion.
575 With respect to the seamen and other persons in a ship,
including the passengers, the master has all the authority
necessary for the safe navigation, management and preservation
of the ship, and for the maintenance of good order.
576 The master may jettison all or part of the cargo in the
event of imminent danger, when necessary for the preservation
of the ship.
577 The ship, freight and cargo, whether saved or lost,
contribute rateably in general average, according to their
respective values, for damages voluntarily sustained and
extraordinary expenses incurred for the common safety, from
the time the ship is loaded until the time it is unloaded at the
port of destination.
The contribution is determined and adjusted in accordance
with the practice of average adjusters.
Section II
The contract of affreightment
§ - 1 Provisions applicable to all contracts of
affreightment

OBLIGATIONS 423
578 A contract of affreightment is one by which, for remuneration,
the lessor undertakes to place all or part of one or
more ships at the disposal of the lessee.
579 The lessee is bound to pay hire; if it has not been
determined, he must pay a reasonable amount.
580 The lessee may sublet the ship.
He remains responsible, however, to the lessor for the
execution of the obligations under the contract.
§ - 2 Kinds of affreightment
/ - Charter by demise
581 Charter by demise is a contract by which the lessor
leases a ship to the lessee who assumes complete possession
and control of it.
The lessor may, however, impose restrictions upon the
lessee with respect to the use of the ship.
582 The lessor delivers the ship in seaworthy condition and
fit for the service for which it is intended, at the place and
within the period of time agreed upon.
If no period of time is specified, the ship is delivered
within a reasonable period.
583 The lessor is bound to make repairs and replacements
on the ship because of latent defects which existed when the
ship was delivered to the lessee, provided their effects appear
within one year after delivery.
584 The lessee may use the ship's stores and equipment.
He may use the ship only for its normal purposes.

424 OBLIGATIONS
585 The lessee maintains the ship and makes the repairs and
replacements other than those specified in Article 583.
586 The lessee hires the crew, bears all operating costs and
maintains insurance coverage.
587 When the contract terminates, the lessee returns the ship
to the place where it was delivered and in the state in which it
was delivered, with allowance for fair wear and tear.
He then returns stores and equipment in quantity and
quality identical to those received.
// - Time-charter
588 Time-charter is a contract by which the lessor places a
fully-equipped and manned ship at the disposal of the lessee
for a period of time.
589 The lessor retains the navigation and management of
the ship and the lessee has its employment and agency.
590 The lessor delivers the ship in a seaworthy condition,
fully and properly equipped and manned for the service for
which it is intended, at the place and within the period of time
agreed upon.
If no period of time is specified, the ship is delivered
within a reasonable period.
591 The lessor is bound to follow the lessee's instructions
with respect to the employment and agency of the ship.
When these instructions are inconsistent with the
lessor's rights under the contract, the lessor may refuse to
follow them, or he may follow them, without prejudice to his
recourse against the lessee.

OBLIGATIONS 425
592 The lessee bears the costs of the commercial operation of
the ship, in particular wharfage, canal and pilotage dues.
He takes over and pays for any fuel on board when the
ship is delivered, and provides the necessary fuel during the
charter period.
593 The lessee indemnifies the lessor for all loss or damage
caused to the ship by reason of its commercial operation,
except for fair wear and tear.
594 Charter hire begins when the ship is delivered to the
lessee in accordance with Article 590.
It is payable except when the working of the ship is
prevented by causes attributable to the lessor or by accident.
595 The lessee returns the ship to the place and within the
period of time agreed upon, and gives prior notice to the lessor
within a reasonable period.
/// - Voyage-charter
596 Voyage-charter is a contract by which the lessor places
all or part of the carrying capacity of a ship at the disposal of
the lessee, for the transport of cargoes agreed upon, on one or
more voyages.
597 The lessor is bound to:
1. present the ship at the place and within the period of
time agreed upon;
2. exercise diligence, before and at the beginning of the
voyage, to make the ship seaworthy, and properly
manned and equipped for the services contemplated in
the contract;
3. prosecute with diligence the voyage or voyages contemplated
in the contract.

426 OBLIGATIONS
598 The lessor retains the navigation, management, employment
and agency of the ship.
599 The lessor is responsible for cargo received on board in
accordance with the terms of the contract, and in the absence
of such terms, with Articles 643 and following.
600 The lessee is bound to provide a cargo in the quantity
and quality agreed upon, which the lessor loads, stows, trims
and discharges.
601 The lessee pays the lessor the freight agreed upon in the
contract or, in the absence of any agreement, that fixed at a
reasonable rate.
602 No freight is payable if the cargo is not delivered.
603 Freight is payable on delivery of the cargo, notwithstanding
loss, damage or delay, without prejudice, however, to
the recourses of the lessee.
When, for a reason not imputable to the lessor, it is
impossible to complete the voyage, the lessee must pay
reasonable compensation on delivery of the cargo.
604 The lessor has a right of retention on the cargo for
freight, dead freight, demurrage and damages for detention.
When the cargo is delivered by the lessor to a person
other than the lessee, the lessee is not responsible for freight,
demurrage and damage for detention incurred at the port of
discharge, except to the extent that the lessor, using diligence,
is unable to obtain payment by exercising his right of retention
on the cargo.

OBLIGATIONS 427
CHAPTER V
TRANSPORT
Section I
Provisions applicable to all means of transport
§ - 1 General provisions
605 A contract of transport is one by which one person
undertakes principally to carry another person or a thing from
one place to another.
606 A contract of transport is either onerous or gratuitous.
607 A gratuitous carrier assumes only an obligation of
prudence and diligence, except in the case set forth in Article
614 respecting the transport of persons.
608 A carrier is liable for damage resulting from delay,
unless he proves that he has acted with prudence and
diligence.
609 A carrier for hire who offers his services to the public
must carry all persons who request passage, and all goods
entrusted to him for transport, unless he has reasonable cause
for refusal.
610 A carrier may not exclude or limit his liability except to
the extent and under the conditions established by the
competent authority.
611 The client is bound to pay the fare and follow all
instructions given by the carrier in accordance with the law.
§ - 2 Provisions respecting transport of persons

428 OBLIGATIONS
612 Transport of persons includes embarking and disembarking
operations.
613 A carrier for hire is bound to carry his passengers to
their destination.
614 A carrier is liable for any damage resulting from the
death of or from any injury to his passengers during transport.
He may not rebut or attenuate that liability unless he
proves a fortuitous event, the state of health of the passenger,
or the fault of the passenger or of the claimant.
He remains liable, however, if the damage results from
the state of his own health or of that of his employees, or from
the condition or operation of the vehicle.
615 A carrier is not responsible for any hand luggage or
other effects which remain in the passenger's care, unless there
is proof of fault.
616 A carrier is responsible for all luggage and other effects
placed in his care by a passenger, unless he proves a defect in
the thing, fault of the passenger, or a fortuitous event other
than theft, even armed robbery.
617 Where there is successive or combined transport of
persons, the carrier who performs the transport during which
the damage occurs is responsible unless, by express agreement,
one of the carriers has assumed responsibility for the entire
journey.
§ - 3 Provisions respecting transport of goods
618 Transport of goods extends from the time the carrier
takes the goods into his charge for transport until the time
they are delivered.

OBLIGATIONS 429
619 A bill of lading is a writing which attests to a contract
for the transport of goods.
620 A bill of lading mentions:
1. the place and date of receipt of the goods, the point of
departure and the destination;
2. the names of the shipper, receiver and carrier, and of the
person paying the freight;
3. the nature, quantity, weight or volume, and apparent
condition of the thing, and any dangerous properties it
may have.
621 Pending proof to the contrary, a bill of lading makes
proof of the receipt, nature, quantity and apparent condition
of the goods.
622 A carrier who accepts goods under a bill of lading issued
by another carrier adheres of right to the terms of the bill.
623 A bill of lading is not negotiable, unless otherwise
provided by contract, by law or by regulation.
624 If a bill of lading is negotiable, negotiation is effected
either by endorsement and delivery, or by mere delivery if the
bill is made to bearer.
625 The holder of a negotiable bill of lading must hand it
over to the carrier before requiring delivery.
626 A carrier is bound to deliver the goods to the holder of
the bill of lading, when the bill is negotiable; if it is not, he is
bound to deliver them to the consignee.
627 When goods are not delivered to the residence or place
of business of the consignee, either under the contract or
because of the act of the consignee, the carrier is bound to
notify him of the arrival of the goods and of the time allowed
for removal.

430 OBLIGATIONS
628 If the consignee cannot be found or if he refuses or
neglects to take delivery of the goods, the carrier must so
notify the shipper.
If the carrier receives no instructions within thirty days,
he may dispose of the goods as though they were unclaimed.
In an emergency, the carrier may dispose of perishable
goods without notice.
629 When the period of time allowed by Article 627 for
removal of the goods expires, or from the notice given under
the preceding article, the carrier assumes the obligations of a
depositary by onerous title who must be remunerated by the
shipper.
630 Without prejudice to the rights of the shipper, as soon as
the consignee accepts the goods or the contract, he acquires
the rights and assumes the obligations derived from the
contract.
631 The carrier for hire is bound to carry the goods to their
destination.
He is liable for any damage resulting from the transport
unless he proves a fortuitous event, fault of the shipper or of
the consignee, or a defect in the goods.
He is liable, however, for any theft of the goods, even by
armed robbery.
632 No action in damages, whether the damage is apparent
or not, is admissible unless a written notice of the claim has
been given to the carrier within ninety days after receipt of the
goods.
An action instituted within that period has the effect of a
notice.

OBLIGATIONS 431
633 In the case of successive or combined transport of goods,
the carrier with whom the contract was made, or the last
carrier, is liable for any damage which occurs during transport,
saving his recourse against the person who caused the
damage.
However, the carrier is alone liable to the shipper who
has chosen him.
634 A shipper is liable to the carrier and to any third party
for damages resulting from his fault, from any dangerous
properties of the goods which he did not reveal, from any
defect in the goods, or from any omission, insufficiency or
inaccuracy in his statements concerning the goods.
635 A carrier may not be held liable for any amount
exceeding the value declared by the shipper.
636 A carrier is not liable for the loss or deterioration of
goods of exceptional value contained in a parcel or in a
passenger's luggage, unless the carrier has been given a
declaration of the nature or of the value of the goods.
637 A deliberately false declaration which is misleading as
to the nature of the goods, or which increases their value,
exempts the carrier from any liability.
A false declaration is presumed to have been made
deliberately.
638 A carrier may retain the goods transported until the
freight and the transport charges are paid.
639 If, under the shipper's instructions, payment is exigible
from the receiver, the carrier who does not require the
payment from the consignee loses the right to claim it from the
shipper.
640 If the goods are not those described in the contract, or if

432 OBLIGATIONS
their value exceeds the declared value, the carrier may claim
the freight according to the tariffs.
Section II
Special provisions respecting transport by water
§ - 1 Transport of persons
641 A carrier of persons is bound to exercise all due diligence
to make and keep the ship seaworthy, and to man, equip and
supply it properly at the beginning of and throughout the
voyage, so as to ensure the safety of the passengers.
642 Notwithstanding Article 614, the carrier is liable for the
damage which results from the death of a passenger, or from
any injury to a passenger, provided the claimant proves that
the damage is attributable to the fault of the carrier.
However, the carrier is presumed liable when such
damage results from shipwreck, collision, explosion, stranding,
fire or any other major marine disaster; this presumption
may be rebutted by proof of a fortuitous event or of fault of the
victim or of the claimant.
§ - 2 Carriage of goods
643 The following provisions do not apply to charter-parties.
However, they do apply when bills of lading are issued
in the case of a ship under a charter-party.
644 Nothing in the following provisions prevents the insertion
in a bill of lading of a lawful provision regarding general
average.
645 In Articles 643 to 666:
1. "contract of carriage" applies to contracts of carriage

OBLIGATIONS 433
whether covered or not by a bill of lading or any similar
document of title in so far as such document relates to
the carriage of goods by water, including any bill of
lading or any similar document as aforesaid issued
under or pursuant to a charter-party from the moment
at which such bill of lading or similar document of title
regulates the relations between a carrier and a holder of
the same;
2. "goods" includes goods, wares, merchandise, and
articles of every kind whatsoever, except live animals
and cargo which by the contract of carriage is stated as
being carried on deck and is so carried;
3. "ship" means any vessel used for the carriage of goods
by water;
4. "carriage of goods" covers the period from the time
when the goods are loaded on to the time when they are
discharged from the ship;
5. "carrier" includes the owner or the charterer of a ship
who enters into a contract of carriage with a shipper.
646 Subject to Article 663, under every contract of carriage
of goods by water, the carrier, in relation to the loading,
handling, stowage, carriage, custody, care and discharge of
the goods, is subject to the responsibilities and obligations and
entitled to the rights and immunities hereinafter set forth.
647 There shall not be implied in any contract for the
carriage of goods by water any absolute undertaking by the
carrier to provide a seaworthy ship.
648 The carrier shall be bound, before and at the beginning
of the voyage, to exercise due diligence:
1. to make the ship seaworthy;
2. to properly man, equip, and supply the ship;
3. to make the holds, refrigerating and cool chambers, and
all other parts of the ship in which goods are carried, fit
and safe for their reception, carriage and preservation.

434 OBLIGATIONS
649 Subject to Articles 656 to 661, the carrier shall properly
and carefully load, handle, stow, carry, keep, care for and
discharge the goods carried.
650 After receiving the goods into his charge, the carrier, or
the master or agent of the carrier, shall, on demand of the
shipper, issue to the shipper a bill of lading showing among
other things:
1. the leading marks necessary for identification of the
goods as the same are furnished in writing by the
shipper before the loading of such goods starts, provided
such marks are stamped or otherwise shown clearly
upon the goods if uncovered, or on the cases or coverings
in which such goods are contained, in such a
manner as should ordinarily remain legible until the end
of the voyage;
2. either the number of packages or pieces, or the quantity,
or weight, as the case may be, as furnished in writing by
the shipper;
3. the apparent order and condition of the goods.
Provided that no carrier, master or agent of the carrier
shall be bound to state or show in the bill of lading any marks,
number, quantity, or weight which he has reasonable ground
for suspecting not accurately to represent the goods actually
received or which he has had no reasonable means of
checking.
Such a bill of lading shall be prima facie evidence of
receipt by the carrier of the goods as therein described in
accordance with subparagraphs 1, 2 and 3 of paragraph 1.
651 After the goods are loaded, the bill of lading to be issued
by the carrier, master or agent of the carrier, to the shipper
shall, if the shipper so demands, be a "shipped" bill of lading
provided that if the shipper shall have previously taken up any
document of title to such goods, he shall surrender the same as
against the issue of the "shipped" bill of lading.

OBLIGATIONS 435
At the option of the carrier, however, such document of
title may be noted at the port of shipment by the carrier,
master, or agent with the name or names of the ship or ships
upon which the goods have been shipped and the date or dates
of shipment, and when so noted the same shall for the purpose
of Articles 648 to 655 be deemed to constitute a "shipped"
bill of lading.
652 The shipper shall be deemed to have guaranteed to the
carrier the accuracy at the time of shipment of the marks,
number, quantity, and weight, as furnished by him, and the
shipper shall indemnify the carrier against all loss, damages,
and expenses arising or resulting from inaccuracies in such
particulars.
The right of the carrier to such indemnity shall in no
way limit his responsibility and liability under the contract of
carriage to any person other than the shipper.
653 Unless notice of loss or damage and the general nature
of such loss or damage be given in writing to the carrier or his
agent at the port of discharge before or at the time of the
removal of the goods into the custody of the person entitled to
delivery thereof under the contract of carriage, such removal
shall be prima facie evidence of the delivery by the carrier of
the goods as described in the bill of lading.
If the loss or damage is not apparent, notice must be
given within three days of delivery.
No notice in writing need be given if the state of the
goods at the time of receipt has been the subject of joint survey
or inspection.
In any event, the carrier and the ship are discharged
from all liability for loss or damage unless suit is brought
within one year after delivery of the goods or after the date on
which the goods should have been delivered.

436 OBLIGATIONS
654 In the case of any actual or apprehended loss or damage,
the carrier and the receiver shall give all reasonable facilities
to each other for inspecting and tallying the goods.
655 Any clause, covenant or agreement in a contract of
carriage relieving the carrier or the ship from liability for loss
or damage to or in connection with goods arising from
negligence, fault or failure in the duties and obligations
provided in Articles 648 to 655 or lessening such liability
otherwise than as provided in the articles relating to carriage
of goods, shall be of no effect.
A benefit of insurance or similar clause shall be deemed
to be a clause relieving the carrier from liability.
656 Neither the carrier nor the ship shall be liable for loss or
damage arising or resulting from unseaworthiness unless
caused by want of due diligence on the part of the carrier to
make the ship seaworthy, and to assure that the ship is
properly manned, equipped and supplied, and to make the
holds, refrigerating and cool chambers and all other parts of
the ship in which goods are carried fit and safe for their
reception, carriage and preservation in accordance with
Article 648.
Whenever loss or damage has resulted from unseaworthiness,
the burden of proving the exercise of due diligence
shall be on the carrier or other person claiming exemption
under this article.
657 Neither the carrier nor the ship shall be responsible for
loss or damage arising or resulting from:
1. any act, neglect or default of the master, mariner, pilot
or the servants of the carrier, in the navigation or in the
management of the ship;
2. fire, unless caused by the actual fault or privity of the
carrier;

OBLIGATIONS 437
3. perils, danger, and accidents of the sea or other navigable
waters;
4. acts constituting events not attributable to the carrier;
5. any act of war;
6. any act of public enemies;
7. arrest or restraint of princes, rulers or people, or seizure
under legal process;
8. quarantine restrictions;
9. any act or omission of the shipper or owner of the goods,
or of his agent or representative;
10. strikes, lock-outs, stoppage or restraint of labour from
whatever cause, whether partial or general;
11. riots and civil commotions;
12. saving or attempting to save life or property during the
voyage;
13. wastage in bulk or weight or any other loss or damage
arising from inherent defect, quality or vice of the
goods;
14. insufficiency of packing;
15. insufficiency or inadequacy of marks;
16. latent defects not discoverable by due diligence;
17. any other cause arising without the actual fault or
privity of the carrier, or without the fault or neglect of
the agents or servants of the carrier, but the burden of
proof shall be on the person claiming the benefit of this
exception to show that neither the actual fault or privity
of the carrier nor the fault or neglect of the agents or
servants of the carrier contributed to the loss or damage.
658 The shipper shall not be responsible for loss or damage
sustained by the carrier or the ship resulting from any cause
without the act, fault or neglect of the shipper, his agents or his
servants.

438 OBLIGATIONS
659 Any deviation in saving or attempting to save life or
property, or any reasonable deviation shall not be deemed to
be an infringement or breach of the present section or of the
contract of carriage, and the carrier shall not be liable for any
loss or damage resulting therefrom.
660 Neither the carrier nor the ship shall in any event be or
become liable for any loss or damage to or in connection with
goods in an amount exceeding five hundred dollars per
package or unit, or the equivalent of that sum in other
currency, unless the nature and value of such goods have been
declared by the shipper before shipment and inserted in the
bill of lading.
This declaration if embodied in the bill of lading shall
be prima facie evidence, but shall not be binding or conclusive
on the carrier.
By agreement between the carrier, master or agent of the
carrier and the shipper, a maximum amount other than that
mentioned in this article may be fixed, provided that such
maximum shall not be less than the figure above named.
Neither the carrier nor the ship shall be responsible in
any event for loss or damage to or in connection with goods if
the nature or value thereof has been knowingly misstated by
the shipper in the bill of lading.
661 All goods of an inflammable, explosive or dangerous
nature to the shipment of which the carrier, the master or the
agent of the carrier has not consented, with knowledge of their
nature and character, may at any time before discharge be
landed at any place or destroyed or rendered innocuous by the
carrier without compensation, and the shipper of such goods
shall be liable for all damages and expenses directly or
indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and
consent shall become a danger to the ship or cargo, they may

OBLIGATIONS 439
in like manner be landed at any place or destroyed or rendered
innocuous by the carrier without liability on the part of the
carrier except to general average if any.
662 A carrier shall be at liberty to surrender in whole or in
part all or any of his rights and immunities or to increase any
of his responsibilities and liabilities according to Articles 643
to 666, provided such surrender or increase shall be embodied
in the bill of lading issued to the shipper.
663 Notwithstanding the provisions of the preceding articles,
a carrier, master or agent of the carrier, and a shipper
shall in regard to any particular goods be at liberty to enter
into any agreement in any terms as to the responsibility and
liability of the carrier for such goods, and as to the rights and
immunities of the carrier in respect of such goods, or his
obligation as to seaworthiness, so far as this stipulation is not
contrary to public order, or the care or diligence of his servants
or agents in regard to the loading, handling, stowage, carriage,
custody, care and discharge of the goods carried by
water, provided that in this case no bill of lading has been or
shall be issued and that the terms agreed shall be embodied in
a receipt which shall be a non-negotiable document and shall
be marked as such.
This article applies to commercial cargos of any class
during ordinary commercial operations.
664 Where under the custom of any trade, the weight of any
bulk cargo inserted in the bill of lading is a weight ascertained
or accepted by a third party other than the carrier or the
shipper, and the fact that the weight is so ascertained or
accepted is stated in the bill of lading, then, notwithstanding
anything in this section, the bill of lading shall not be deemed
to be prima facie evidence against the carrier of the receipt of
goods of the weight so inserted in the bill of lading.
The accuracy thereof at the time of shipment shall not
be deemed to have been guaranteed by the shipper.

440 OBLIGATIONS
665 Nothing in the present articles relating to carriage of
goods by water shall prevent a carrier or a shipper from
entering into any agreement, stipulation, condition, reservation
or exemption as to the responsibility and liability of the
carrier or the ship for the loss or damage to or in connection
with the custody and care and handling of goods prior to the
loading on and subsequent to the discharge from the ship on
which the goods are carried.
666 The preceding articles shall not affect the rights and
obligations of the carrier under any statute for the time being
in force relating to the limitation of the liability of owners of
vessels.
CHAPTER VI
CONTRACT OF EMPLOYMENT
667 A contract of employment is one by which, in return for
remuneration, an employee undertakes to carry out physical
or intellectual work for a limited period, according to the
instructions and under the direction of the employer.
668 A contract of employment is presumed to exist whenever
work is done for another.
In the absence of agreement, the remuneration is fixed
by the court.
669 A contract of employment may be established or supplemented
by decrees, ordinances, regulations or collective
agreements, the provisions of which replace those of the
contract of employment or of this chapter whenever they are
more favourable to the employee.
670 A contract of employment is for a fixed or an indeterminate
term.

OBLIGATIONS 441
671 The employer must take all measures appropriate to the
particular circumstances of the employment to protect the life,
physical integrity, health and dignity of the employee.
This article does not provide any recourse excluded by
the Workmen's Compensation Act.
672 Pregnancy and delivery entitle an employee to a fourmonth
leave of absence without pay.
Any stipulation incompatible with the preceding paragraph
has no effect unless it is more favourable to the
employee.
673 If an employee continues to work without opposition
from the employer after the term expires, the contract of
employment is tacitly renewed for one year or, if it was for less
than one year, for an identical term.
A contract so renewed is for a fixed term; it may also be
tacitly renewed.
674 A party who seeks to terminate a contract of employment
of an indeterminate term must give a notice of termination
to the other party.
675 Saving provision to the contrary in any decree or
collective agreement, the notice must be of at least:
l.one week, two weeks or one month, according to
whether the remuneration is weekly, monthly or yearly;
2. one week when the engagement is for piece work or at a
given amount per hour or per day, and has lasted for six
consecutive months;
3. one day in all other cases.
The above rules apply regardless of dates and other
conditions of payment of the salary.

442 OBLIGATIONS
However, the court may extend the period when the
nature, duration or particular circumstances of the work so
justify.
676 When the contract expires, the employee may require
his employer to furnish him with a certificate of employment
attesting solely to the nature of his employment, the duration
of his services, and the employer's name and address.
Neither the quality of the employee's work nor his
behaviour can be attested to in the certificate unless he
requests it.
677 A contract of employment terminates upon the death of
the employee.
It may also terminate upon the death of the employer, in
certain circumstances.
678 A contract of employment is not terminated by the
alienation or transfer of the enterprise, or by any change in its
juridical structure resulting from amalgamation or from any
other cause.
The contract binds the employer's successor.
679 Either party, unilaterally and without notice, may
resiliate a contract of employment for just cause, without
prejudice to his recourses.
680 Any renunciation by an employee of his right to claim
damages resulting from insufficient notice of termination or
from abusive resiliation of the contact by the employer is
without effect.
681 The parties may stipulate that, even after the contract
terminates, the employee may neither compete in his own
name with the employer, nor take part in any other quality in
an enterprise which would be in competition with him.

OBLIGATIONS 443
This stipulation must:
1. be written in express terms;
2. be limited as to the time, place and nature of the
employment;
3. not interfere unduly with the employee's earning
capacity;
4. be and remain necessary to protect the legitimate
interests of the employer.
This stipulation may be reduced, however, in accordance
with Article 76.
Proof of the validity of the stipulation is on the
employer.
682 An employer may not avail himself of a stipulation of
non-competition if he has resiliated the contract without just
cause, or if he himself has given the employee a just cause for
resiliating it.
683 Any stipulation inconsistent with the two preceding
articles has no effect unless it is more favourable to the
employee.
CHAPTER VII
CONTRACT OF ENTERPRISE
Section I
General provisions
684 A contract of enterprise is one by which, in return for
remuneration, a contractor undertakes to carry out material or
intellectual work without subordination towards the client.

444 OBLIGATIONS
685 This chapter also applies to the sale, by a professional
builder, of land which belongs to him, with a building built or
to be built.
686 The contractor is bound to execute the work properly
unless prevented from so doing by a fortuitous event or an act
of the client.
Section II
Special provisions
687 The builder, the architect and the engineer are responsible
for defects and for poor workmanship, and for the
unfavourable nature of the ground, existing at the time the
work is received or which begin to exist within the next three
years.
Any stipulation intended to shorten the period of this
warranty is without effect except in the case of temporary work
which it is expressly provided will last less than three years.
688 The architect or the engineer exonerates himself from
this responsibility if he proves that the defects and poor
workmanship, and the unfavourable nature of the ground do
not result from an error or fault in the expert appraisals or the
plans he has supplied, or from failure to execute the obligation
to supervise the work being performed.
The builder exonerates himself if he proves that the
defects or poor workmanship result from an error or fault in
the expert appraisals or the plans of the architect or engineer
chosen by the client.
The engineer, the architect or the builder exonerates
himself from the responsibility if he proves that the defects
and poor workmanship result from decisions imposed by the

OBLIGATIONS 445
client as to the choice of ground, sub-contractors, experts,
construction methods or building materials.
In matters of work done on immoveable property, any
contrary provision is without effect.
689 Those persons who do not exonerate themselves from
the responsibility provided for in the two preceding articles
are solidarily responsible towards the client.
690 Receipt of work by the client does not extinguish his
right of action for defects and poor workmanship.
However, no action is receivable unless notice has been
given within ninety days after the work is received or after the
defects or poor workmanship are discovered, according to
whether they are apparent or concealed.
An action instituted within that period has the effect of a
notice.
691 Any subsequent acquirer of the work is entitled to the
rights which his predecessor had under Articles 687, 688 and
689, unless the predecessor has reserved the exercise of these
rights for himself.
692 A professional builder who sells land belonging to him,
with a building built or to be built, must give the purchaser a
copy of the plans and specifications of the work, unless the
purchaser has been given the plans and specifications by the
client.
693 The client must receive the work when it is substantially
completed and ready to be used for the purpose for which it
was intended.
He must then pay the price, although he may retain that
part of the price which corresponds to existing minor defects
and poor workmanship and to any work as yet uncompleted.

446 OBLIGATIONS
694 Work done in several parts or in sections may be
received in parts.
Any part of the work which has been paid for is
presumed to have been received, saving agreement to the
contrary.
Section III
Termination of the contract
695 The client may resiliate the contract unilaterally; when
he does so, he must indemnify the contractor for his expenditures,
the work done, and any profit he has lost.
696 The contractor's death does not terminate the contract.
However, if the client had contracted because of the
personal qualities of the contractor, he may resiliate the
contract when the contractor dies.
In this case, he must pay the value of the work done and
the materials furnished, in proportion to the price agreed on,
when the work and materials are useful to him.
697 The client's death does not terminate the contract unless
because of the death it becomes impossible to complete the
work.

OBLIGATIONS 447
CHAPTER VIII
CONTRACT FOR SERVICES
Section I
General provisions
698 A contract for services is one by which, in return for
remuneration, a person undertakes to provide services for
another while retaining the choice of means of performance.
699 A person who provides services must act with prudence
and diligence in accordance with the rules and usage of the
profession, art or craft he practises.
700 A person who provides services must act personally,
unless the contract or usage provides otherwise.
In all cases, he retains the supervision and responsibility
for the execution of the contract.
701 Remuneration is determined in the contract or, in the
absence of agreement, according to the value of the services
rendered.
702 A client must pay on demand all advances necessary for
the performance of services.
Section II
Termination of the contract
703 The contract may be resiliated for just cause by either
party.
However, the resiliation must be made in circumstances

448 OBLIGATIONS
such that the other party suffers as little damage as possible
because of it.
704 A contract for services terminates upon the death of the
person who provides the services.
705 The client's death does not terminate the contract unless
his death renders execution of the contract impossible.
706 When the contract terminates before it is fully executed,
the client must pay the disbursements and the value of the
services rendered.
The person who provided the services must repay any
advances in excess of what he has earned.
CHAPTER IX
MANDATE
Section I
General provisions
707 Mandate is a contract by which the mandator charges
the mandatary to represent him in the performance of a
juridical act.
708 Mandate is an onerous contract unless there is agreement
or usage to the contrary.
The remuneration is determined by the contract or, in
the absence of agreement, by the value of the services
rendered.
709 If a mandate has as its object a contract for which
special conditions as to form are required on pain of nullity,
the mandate is subject to those conditions.

OBLIGATIONS 449
710 A mandate expressed in general terms confers the power
to perform acts of simple administration only.
The power to perform acts other than those of simple
administration must be expressly stipulated.
711 A mandatary may not make any contract on his own
behalf if he has agreed to make it for his mandator.
The mandator alone may avail himself of the nullity
resulting from the violation of the first paragraph.
712 A mandatary who agrees to represent, in the same act,
parties whose interests conflict must so inform each of the
mandators unless usage dispenses him from the obligation.
713 The person who was not aware of the double mandate
may have the mandatary's act declared null, according to the
circumstances, without prejudice to his recourse in damages.
Section II
Obligations of the mandatary
§ - 1 Obligations of the mandatary towards the mandator
714 The mandatary must, in all loyalty, act with prudence
and diligence in the interest of the mandator.
715 If the mandate is gratuitous, the court may reduce the
amount of damages for which the mandatary is liable.
716 The mandatary is responsible for the person whom he
appoints to replace him in the execution of the mandate, when
he has not been authorized to do so.
When he has been authorized to do so, he is also
responsible if he appoints a person whom he knew or should
have known to be incompetent.

450 OBLIGATIONS
In all cases, the mandator has a direct action against the
person substituted by the mandatary.
717 A mandatary may not use for his own purposes the
property received in the execution of a mandate.
He must pay interest on any amount which he uses for
his own purposes from the day the use began; he must also
pay interest on the balance due from the time he is put in
default.
718 Upon termination of the mandate, the mandatary must
render an account and deliver to the mandator all that he has
received in the execution of the mandate, even if it is not due
to the mandator, saving his right to deduct anything the
mandator owes him by reason of the mandate.
If he has received a certain and determinate thing, he
may retain it until reimbursement.
719 Upon termination of the mandate, the mandatary must
continue everything which is a necessary consequence of his
acts or which cannot be postponed without risk of harm.
720 Upon termination of the mandate, the mandator may
compel the mandatary to return the document constituting the
power of attorney to him unless the document is en minute.
§ - 2 Obligations of the mandatary towards third parties
721 A mandatary is not personally liable to third parties
with whom he contracts on behalf of the mandator and within
the limits of his mandate.
722 A mandatary who acts in his own name is bound
towards a third party with whom he contracts, without
prejudice to the rights of that third party against the
mandator.

OBLIGATIONS 451
723 A mandatary who exceeds his powers is also bound
unless he gives the person with whom he has contracted
sufficient knowledge of this.
724 A mandatary who does something alone which he was
entrusted to do jointly with another is presumed to have
exceeded his powers.
725 A mandatary is deemed not to have exceeded his powers
if he has executed his mandate in a manner more advantageous
to the mandator than that agreed to.
726 A mandatary may agree with a third party to disclose
the identity of his mandator within a fixed period.
If the mandatary fails to do so, he is personally bound.
He is also bound if the mandator whose identity he so
discloses is insolvent or under a protective regime.
Section III
Obligations of mandators
§ - 1 Obligations of the mandator towards the mandatary
727 The mandator is bound to indemnify the mandatary for
the obligations contracted by the mandatary towards third
parties within the limits of his mandate, and for the acts
exceeding those limits when the mandator has ratified them.
728 The mandator is bound to reimburse the mandatary for
advances and reasonable expenses made by him in executing
the mandate, and to pay him the remuneration to which he is
entitled.
If no fault is imputable to the mandatary, the sums must
be paid even when the business has not been successfully
concluded.

452 OBLIGATIONS
729 The mandator owes interest on the advances made by
the mandatary in executing his mandate from the day the
advances are made.
730 If the mandatary is not at fault, the mandator is bound
to indemnify him for the damage caused him by the execution
of the mandate.
§ - 2 Obligations of the mandator towards third parties
731 A mandator is liable towards third parties for the acts
done by his mandatary in the execution and within the limits
of his mandate, unless under the agreement or by virtue of the
usage of trade, the mandatary alone is liable.
The mandator is also liable for any acts which exceed
the limits of the mandate, if he has ratified them.
732 A mandator may not repudiate the acts of the person
whom the mandatary has appointed to replace him, unless the
mandator has suffered damage from such acts.
733 A mandator or, following his death, his legal representatives,
are responsible for the acts done by the mandatary in the
execution and within the limits of the mandate but following
its extinction, when the acts are a necessary consequence of
the mandate or are required to avoid any loss or damage, or
when third parties are unaware of the extinction.
734 When a person has given reasonable cause to believe
that another person was his mandatary, he is liable, as though
there had been a mandate, towards any third parties who
contracted in good faith with the supposed mandatary.
735 A mandator is responsible for the damage caused by the
fault of the mandatary in the execution of his mandate.
736 After a mandator has revealed to a third party the
mandate that he has conferred, he may directly sue the third

OBLIGATIONS 453
party for the execution of the obligations contracted by him
towards the mandatary who had acted in his own name.
However, the third party may plead incompatibility of
the mandate with the terms or the nature of his contract and
the means which can be invoked against the mandator and the
mandatary respectively.
If proceedings have already been instituted against the
third party by the mandatary, the mandator may exercise his
right only by intervening in the case.
Section IV
Termination of mandate
737 In addition to the causes of extinction common to
obligations, mandate is terminated:
1. by revocation of the mandate;
2. by renunciation by the mandatary;
3. upon the death of the mandator or of the mandatary;
4. when a mandator or mandatary of major age is placed
under tutorship or under curatorship;
5. when the mandator or the mandatary becomes
bankrupt;
6. by extinction of the power of the mandator.
738 The appointment of a new mandatary for the same
business is equivalent to revocation of the first mandate from
the day when notice of the appointment is given to the first
mandatary.
739 When a mandate is revoked, the mandator must pay the
mandatary, in addition to the disbursements made in the
execution of the mandate, the remuneration earned and any
damages which may result from an unjustified revocation.

454 OBLIGATIONS
740 If the mandatary alone has been advised of the revocation,
it cannot affect a third party who deals with the
mandatary while unaware of the revocation, saving recourse
of the mandator against the mandatary.
741 A mandatary may renounce the mandate he has accepted
by so notifying the mandator.
742 A mandatary is responsible, however, for the damage
caused by his unjustified renunciation.
743 A remunerated mandatary who renounces his mandate
is entitled to the value of the services he has rendered.
He must return any advances which exceed his
remuneration.
744 All acts performed by a mandatary who is unaware that
the mandate has terminated are valid.
745 The legal representatives of a mandatary who are aware
of the mandate and are able to act must notify the mandator
of the mandatary's death, and do all that is immediately
necessary, in any business already underway, to avoid loss.
CHAPTER X
PARTNERSHIPS
Section I
Partnerships in general
§ - 1 General provisions
746 A contract by which the parties agree to combine their
efforts or resources for common profit constitutes a
partnership.

OBLIGATIONS
747 This chapter applies to civil and commercial
partnerships.
748 A partnership possesses juridical personality.
749 Registration of the contract of partnership makes proof,
in favour of third parties in good faith, of the assertions it
contains, until a new declaration has been registered stating
that the partnership has been changed or dissolved.
Third parties may prove the contrary in any manner.
750 A partnership may be a partner in another partnership.
The same applies to companies and corporations,
subject to the instrument constituting them or to the law.
§ - 2 Obligations and rights of the partners towards each
other and towards the partnership
751 Each partner participates equally in the assets, profits
and losses.
If the agreement determines participation only in the
profits, in the assets or in the losses, this determination is
presumed to apply to all three.
A stipulation which exempts one of the partners from
participation in the losses may not be set up against third
parties.
752 A partner owes the partnership all that he undertakes to
contribute to it.
753 The rules governing lease of things apply when the
contribution consists of the enjoyment of property; the rules
governing sale apply when the contribution is the ownership
of property.
4 55

456 OBLIGATIONS
754 A partner may not compete with the partnership for
himself or on behalf of a third party.
If he does so, the partnership acquires the resulting
profits, subject to any recourse which the partnership or the
partners may otherwise exercise.
755 A partner may recover what he has spent for the
partnership, and he is entitled to compensation for any losses
he incurred in acting on its behalf.
756 Each partner, without the consent of his copartners, may
associate a third party with himself in his share in the
partnership.
He cannot make a third party a member of the partnership
without that consent.
757 Decisions are made by the majority of the partners,
regardless of the value of their interests in the partnership.
However, unanimity is required to amend the partnership
contract or to discontinue the partnership.
758 Notwithstanding any stipulation to the contrary, a
partner, even if excluded from the management, may inform
himself as to the conduct of the business of the partnership
and may consult its books and documents.
However, a partner must exercise this right so as not to
hinder the partnership's operations unduly or prevent his
copartners from exercising the same rights.
§ - 3 Relations of the partnership and the partners with
third parties
759 With respect to third parties who deal with him in good
faith, each partner is a mandatary of the partnership and

OBLIGATIONS 457
binds it for all things done in its name in the ordinary course
of business.
Any agreement to the contrary may not be invoked
against third parties in good faith.
760 A partnership is bound by an obligation contracted by
one of the partners in his own name, only if the obligation is
contracted in the course of the partnership's business or for
things which are used by it.
The partnership may then exercise all rights resulting
from the contracts.
The third party may, however, cumulate defences that
may be opposed against the partner and the partnership, and
plead that he would not have contracted had he known that
the partner was acting on behalf of the partnership.
761 When the property of the partnership is insufficient,
each partner is solidarily bound towards third parties along
with the other partners for the obligations of the partnership
incurred while he was a partner.
The same applies to obligations incurred after he has left
the partnership but before this could be set up against third
parties.
762 Persons who give third parties sufficient reason to
believe they are partners, while they are not, are responsible as
such towards those parties.
763 Silent partners and unknown partners are bound towards
third parties for the same obligations as ordinary
partners.
§ - 4 Termination of partnerships

458 OBLIGATIONS
764 In addition to the causes of extinction provided in
Article 267 of the Book on Persons, partnerships terminate:
1. upon expiry of the term agreed upon unless it is continued
by virtue of an express or tacit extension;
2. by accomplishment of its object, by the illegality of that
object, or when the object becomes impossible, unless
the partners continue the partnership de facto in order to
pursue other objects;
3. byjudgment;
4. when the partnership becomes bankrupt.
The partnership is then wound up.
765 A partnership continued under sub-paragraphs 1 and 2
of the first paragraph of the preceding article is presumed
continued for an indeterminate period.
766 A partnership is not terminated as the result of a change
in the number or person of the partners, provided at least two
partners remain.
767 A partner ceases to be a member of a partnership:
1. upon his death;
2. when he becomes bankrupt;
3. upon the exercise of his right of denunciation or of
withdrawal;
4. with the consent of his copartners;
5. upon his expulsion;
6. upon a judgment maintaining the seizure of his share.
768 In the cases referred to in the preceding article, a
partner and his successors are entitled to the value which his
share had when he ceased to be a partner.
769 As soon as the value of the share is established, it must

OBLIGATIONS 459
be paid by the partners who continue the partnership, with
interest from the day the partner left the partnership.
770 In the absence of agreement on the value, any interested
person, upon motion, may obtain a judgment establishing it
and ordering payment by the remaining partners.
The court may defer assessment of the value of the share
in the case of contingent assets or liabilities.
771 When a partnership has been constituted for an indeterminate
period or for the life of one partner, or when the right
of denunciation or of withdrawal has been reserved in the
contract, each partner may withdraw from the partnership by
giving a three-month notice.
The notice must be given in good faith and at a
favourable time.
772 A partner, upon motion, may have the partnership
dissolved or have a partner expelled for just cause, particularly
if the other partner fails to execute his obligations, becomes
unable to attend to the business of the partnership, is placed
under tutorship or curatorship or is found guilty of a criminal
act.
773 The value of the expelled partner's share is fixed by the
judgment ordering expulsion, or upon motion under Article
770.
It is fixed as of the day determined by the judgment or,
failing this, as of the day when proceedings are instituted.
774 When a partnership ends, the power of the partners to
act for it ceases, except as regards any acts which are a
necessary consequence of business already begun.
Nevertheless, anything done in the ordinary course of
the business by a partner acting in good faith who is unaware

460 OBLIGATIONS
that the partnership has terminated binds the partnership and
the other partners, as if the partnership subsisted.
775 Termination of a partnership does not affect the rights
of any third party in good faith who subsequently deals with
one of the partners or mandataries acting on behalf of the
partnership.
776 After the debts are paid, the assets of the partnership are
divided among the partners according to their shares.
777 In the absence of agreement between the interested
parties, a partnership is liquidated in accordance with the
Winding-up Act, unless there is inconsistency, subject to the
partners'subsidiary liability.
Section II
Limited partnerships
778 The preceding section applies to limited partnerships,
subject to this section.
779 A limited partnership consists of one or more general
partners with the powers, rights and obligations of ordinary
partners, and one or more special partners whose rights and
obligations are defined below.
780 The name of any limited partnership must include the
words' w limited partnership * \
When the name of the partnership includes no mention
of these words, the partnership is deemed an ordinary
partnership in all respects.
781 When an act of the partnership does not include the
words "limited partnership'', the partnership is deemed an
ordinary partnership in all respects with regard to everything
related to that act.

OBLIGATIONS 461
782 In addition to the penalties provided in Article 242 of
the Book on Persons, when a limited partnership is not
registered in accordance with that article, the special partners
are deemed ordinary partners.
783 A special partner's contribution consists of property or
services.
784 A special partner may not withdraw directly or indirectly
any part of his contribution.
He may receive only his share of the profits.
785 A special partner who receives a payment which reduces
the original capital is bound to repay it with interest.
786 A special partner is liable for the debts of the partnership
only up to the amount of his contribution.
787 A special partner may advise the general partners as to
administration.
788 Notwithstanding Article 783, a special partner may not
transact any business with a third party on behalf of the
partnership or allow his name to be used in any act of the
partnership; if he does so, he is liable in the same manner as a
general partner for any debts and undertakings of the partnership
which result from his acts.
He may be declared liable for all obligations of the
partnership, as a general partner, according to the importance
or the number of the acts.
789 If the name of a special partner appears in the firm
name, he is liable for the obligations of the partnership unless
his quality as a special partner is clearly indicated.

462 OBLIGATIONS
Section III
Associations
790 An association is a non-profit partnership for its members,
in whose statutes or by-laws provision is made for the
admission of members other than the founders.
791 Articles 748, 749, 750, 752, 753, 755, 758, 760, 764,
765, 766, 775 and 777 of this chapter apply to associations.
792 The statutes of an association are adopted by a majority
of the members present at a general meeting.
793 Saving provision to the contrary in the statutes:
1. notices calling meetings are sent to each member at the
address indicated by him;
2. all decisions regarding the business of the association,
the choice of directors and the expulsion of any member
are taken by a majority of the members present at the
general meeting.
794 Each director is deemed a mandatary of the association
as regards third parties who contract with him in good faith,
respecting anything done in the ordinary course of the
association's business.
795 When an association's property becomes insufficient,
the founders pending appointment of the directors, the
directors, and any other member who in fact manages the
association's affairs, are solidarily bound for the obligations of
the association arising during their management.
796 Ordinary members are not liable for the association's
debts beyond the contribution promised and the subscriptions
due, even if the association has not been registered.
797 Notwithstanding anv provision to the contrarv, a

OBLIGATIONS 463
member may withdraw from an association at any time, even
though it is constituted for a fixed period.
A member who withdraws remains bound to pay the
contribution promised and any subscriptions due.
798 A member is not entitled to the property of an association,
even following its dissolution.
799 When an association is liquidated, the directors or the
liquidators, as the case may be, are solidarily bound, after
payment of the debts, to use the property of the association for
the purposes of the association.
If they fail to do so, the property is transferred to the
Public Curator.
800 In addition to the cases contemplated in Article 764, an
association terminates by a decision of the general meeting.
CHAPTER XI
DEPOSIT
Section I
General provisions
801 Deposit is a contract by which a depositor delivers a
moveable thing to the depositary who undertakes to assume
custody of it for a certain time.
802 Deposit is gratuitous unless usage or an agreement
stipulates to the contrary.

464 OBLIGATIONS
Section II
Obligations of the depositary
803 The depositary is bound to act as regards the custody of
the thing with the prudence and diligence of a reasonable
person.
804 A depositary may not use the thing without permission
from the depositor.
805 A depositary by gratuitous title is responsible for the loss
or deterioration of the thing which arises through his fault,
proof of which lies upon the depositor.
However, the court may reduce the damages according
to the circumstances.
806 A remunerated depositary is responsible for the loss or
deterioration of the thing unless he proves fortuitous event,
fault of the depositor or a defect in the thing.
807 An innkeeper is responsible for the loss or deterioration
of personal effects and baggage brought by those persons who
lodge with him, unless he proves fortuitous event, fault of the
depositor or a defect in the thing.
However, his responsibility is limited to five hundred
dollars for each person, provided a copy of this article is
posted in the room occupied by that person.
This article also applies to a person who operates a
hospital or a convalescent home.
This deposit may be proven by witnesses.
808 The depositary must return the thing he has received on
deposit.

OBLIGATIONS 465
809 The depositary must return the thing on demand unless
a term has been agreed upon in his interest only.
810 The depositary must return the thing to the depositor or
to the holder of a bill of lading, receipt or certificate which the
depositary himself has issued with the consent of the
depositor.
811 A depositary may not require proof that the thing
belongs to the depositor or to the person to whom it must be
returned.
812 The depositary must return the fruits he derives from the
thing.
He owes interest on money deposited, only from the
moment he is in default to return the money.
813 In the case of a gratuitous deposit, the thing is returned
where it is at the time; the depositor pays the costs.
In the case of a remunerated deposit, the thing is
returned where it was at the time of the deposit; the depositary
pays the costs.
Section III
Obligations of the depositor
814 A depositor must pay the depositary the remuneration
agreed upon, reimburse him the expenses of preservation, and
indemnify him for any loss caused him by the thing.
paid.
The depositary is entitled to keep the thing until he is
815 The depositor must indemnify the depositary who
suffers damage by reason of the premature return of the thing.

466 OBLIGATIONS
CHAPTER XII
SEQUESTRATION
816 Sequestration is a contract by which several persons
deliver a thing respecting which they are in dispute in the
hands of a third party who undertakes to return it to a
designated person after the dispute has ended.
817 Moveable and immoveable property may be
sequestered.
818 The rules governing deposit apply to sequestration
when they are not incompatible with the rules in this chapter.
819 A sequestrator may perform only acts of simple administration
with respect to the thing sequestered in the absence of
any agreement to the contrary or of any judicial authorization.
820 A sequestrator may not be discharged until the dispute
has terminated, except with the consent of the parties or, upon
motion, by the court for sufficient cause.
821 A sequestrator renders an account of his administration.
822 Judicial sequestration is subject to the Code of Civil
Procedure and, if not incompatible, to this chapter.

OBLIGATIONS 467
CHAPTER XIII
LOAN
Section I
General provisions
823 Loan for use is a gratuitous contract by which the lender
delivers to the borrower a thing to be used and to be returned
after a certain time.
824 Loan for consumption is a gratuitous contract by which
the lender delivers a thing, which is consumed by the use
made of it, to the borrower who undertakes to return a thing
identical in kind and quality, despite any change in its value.
825 Loan of money is a contract by which the lender delivers
a sum of money to the borrower who undertakes to return it
after a certain time.
826 The lender is bound to warn the borrower of any hidden
defects in the thing, if he is aware of them.
827 In the absence of a term, a loan is made on demand.
828 If the debtor, through his fault, fails to execute a promise
to lend, he may only be held liable in damages.
Section II
Loan for use
829 A borrower has the obligations of an administrator of
the property of another, entrusted with custody of the thing.
830 A borrower may not put the thing to any use other than
that for which it is intended.

468 OBLIGATIONS
831 A borrower bears the ordinary costs of maintenance.
He is entitled to reimbursement for the other expenses
incurred by him in the interest of the lender, provided they
were so urgent as to prevent him from notifying the lender.
832 A borrower who uses the thing for a purpose other than
that for which it is intended is liable for the loss of it, even by
fortuitous event.
833 The lender may reclaim the thing before the term
expires if the borrower uses it in a manner other than that for
which it is intended, causes its deterioration, authorizes a third
party to use it, or dies.
The lender may also reclaim the thing, even before the
term expires, if he has an urgent and unforeseen need of it.
834 If the thing is lost by a forfuitous event from which the
borrower could have preserved it by using his own, he is liable
for the loss; the same applies if, being able to preserve only
one, he gives preference to his own.
835 The borrower is not liable for the loss of a thing which
perishes by the sole effect of the use for which it is loaned.
836 An action to repair damage caused to the thing by the
fault of a third party belongs to the owner, or to the lender or
the borrower, whoever is more diligent.
Section III
Loan for consumption
837 The borrower assumes the risks of loss of the thing by a
fortuitous event.

OBLIGATIONS 469
Section IV
Loan of money
838 The borrower is bound to return only the numerical sum
received, notwithstanding any variation in its value.
839 A loan of money bears interest at the legal rate from the
time of delivery.
840 In the absence of any express agreement, discharge of
the capital includes discharge of the interest.
841 A loan of money is moreover governed by the Consumer
Protection Act.
CHAPTER XIV
SURETYSHIP
Section I
General provisions
842 Suretyship is a contract by which one person, called a
surety, undertakes towards a creditor to execute the obligation
of the debtor if he fails to execute it.
A person who promises that a debtor will execute his
obligation is deemed a surety.
843 This chapter also applies when a person is required, by
law or by judgment, to provide a surety.
844 Suretyship may not exceed the obligation of the debtor,
nor may it be contracted under more onerous conditions.
Suretyship which exceeds the principal obligation or is

470 OBLIGATIONS
contracted under more onerous conditions is not null; it may
be reduced to the extent of the principal obligation.
It may be contracted for only part of the principal
obligation, or under less onerous conditions.
845 Surety may be provided for a natural obligation and for
an obligation from which the principal debtor can be exempted
by a purely personal exception.
846 Suretyship may have as its object one or more obligations,
even future or indeterminate, provided they can
subsequently be determined.
The obligation of the surety is then determined by that
of the principal debtor.
847 A person may become a surety without the knowledge of
the debtor, and even against his will.
848 Suretyship must be in writing and in express terms.
It may not be extended beyond the time for which it is
contracted.
849 A debtor required to provide a surety must provide one
who has and maintains sufficient property in Quebec to meet
the object of the obligation, and who is domiciled in Canada;
failing this, the debtor must provide another surety.
An exception to this rule is allowed when the creditor
requires that a specific person act as surety.
850 A debtor required to provide a surety may furnish other
sufficient security instead.
851 The court decides, upon motion, as to the capacity of the
surety, the sufficiency of the property or the sufficiency of the
security offered.

OBLIGATIONS 471
Section II
Effects of suretyship
§ - 1 Effects between creditor and surety
852 Except where he has bound himself solidarily, the surety
is not bound to execute the debtor's obligation unless the
debtor fails to execute it.
853 A surety does not enjoy the benefit of discussion.
854 A surety who has reserved for himself the benefit of
discussion must exercise it in the action taken against him,
indicate to the creditor which property of the principal debtor
is seizable, and advance to the creditor the expenses required
for the discussion.
§ - 2 Effects between debtor and surety
855 A surety who has bound himself with the consent of the
debtor may claim from the debtor all that he has paid in
principal, interest and costs.
856 A surety who has bound himself without the knowledge,
or against the will of the debtor, is entitled, upon payment, to
recover only the amount which the debtor would have been
bound to pay if there had been no suretyship, save the costs
subsequent to the notice of payment, which are borne by the
debtor.
857 A surety who has paid a debt without notifying the
principal debtor of the payment has no recourse against the
principal debtor who subsequently paid the debt.
When the surety has paid without being sued and has
not notified the principal debtor, he has no recourse against
that debtor if, at the time of payment, the debtor had the
means of having the debt declared extinct.

472 UDL1VJ/M IWl JS
In all cases, the surety retains the right to recover from
the creditor.
858 A surety who has bound himself with the consent of the
debtor may take action against that debtor, even before
paying, to compel him to pay when:
1. the surety is being sued for payment;
2. the debtor is insolvent;
3. the debtor has bound himself to effect his discharge to
the surety within a certain time;
4. the creditor has granted the debtor a delay.
859 A surety is not discharged by a mere extension of the
term granted by the creditor to the principal debtor.
§ - 3 Effects between sureties
860 A surety who has paid has recourse against the other
sureties in accordance with the Book on Obligations.
Section III
Extinction of suretyship
861 Suretyship terminates upon the death of the surety,
notwithstanding any provision to the contrary.
However, the heirs are responsible for all existing debts,
even if the debts are subject to a term or a condition.
862 If suretyship has been contracted for an indefinite
period or an indefinite amount, it may be terminated by the
surety after five years, upon notice given by him to the debtor,
the creditor and the other sureties.
This provision is imperative.

OBLIGATIONS 473
863 The surety is discharged when, through an act of the
creditor, he can no longer be subrogated in the rights of that
creditor.
864 When the debtor gives something in payment and the
creditor accepts it, the surety is discharged, even if the creditor
is later evicted.
CHAPTER XV
INSURANCE
Section I
General provisions
§ - 1 The nature and classes of insurance
865 An insurance contract is one by which, for a premium or
assessment, the insurer undertakes to make a payment to the
insured or to a third party if an event that is the object of a risk
occurs.
866 Insurance is divided into marine insurance and nonmarine
insurance.
867 Marine insurance covers risks pertaining to marine
adventures.
868 Non-marine insurance is divided into insurance of
persons and damage insurance.
869 Insurance of persons deals with the life, health or
physical integrity of the life insured.
870 Insurance of persons is individual or group insurance.
871 Group insurance of persons, under a master policy,

474 OBLIGATIONS
covers the participants in a specified group and, in some cases,
their families or dependents.
872 Life insurance guarantees payment of the agreed
amount on the death of the life insured, on his surviving a
specified period, or on the occurrence of an event related to his
existence.
Life annuities and annuities certain issued by insurers
are likened to life insurance and are also governed by the
chapter on annuities.
873 Insurance within one class but inserted in a contract of
another class is governed by the rules of the main class of
insurance involved.
874 Damage insurance protects the insured from the consequences
of an event that may adversely affect his patrimony.
It includes insurance of things, the object of which is to
indemnify the insured for material loss sustained by him, and
liability insurance, the object of which is to protect him from
the pecuniary consequences of an act for which he may be
liable in damages.
875 A reinsurance contract has effect only between the
insurer and the reinsurer.
§ - 2 Formation and content of contracts
876 An insurance contract is formed when the insurer
accepts the insured's application, even though he may not be
informed of that acceptance until later.
877 The policy is the document evidencing the insurance
contract.
It is often preceded by a cover note.

OBLIGATIONS 475
878 The insurer must provide the insured with the policy
and a copy of any application made in writing.
In the event of inconsistency between the policy and the
application, the application makes proof of the contract,
unless the insurer has indicated the inconsistencies in writing
to the insured.
879 The policy must indicate:
1. the names of the parties to the contract and of the
persons to whom the sums insured are payable, or
means of identifying them;
2. the object and amount of the coverage;
3. the nature of the risk;
4. the time from which the risk is covered and the term of
the coverage;
5. the amount or rate of the premiums and the dates when
they are due.
880 Any general clause releasing the insurer in the event that
the law or regulations are violated is without effect, unless that
violation constitutes an indictable offence.
881 Subject to provisions peculiar to marine insurance, the
insurer may not invoke conditions or representations which
are not written in the contract.
882 Any change made by means of an endorsement is part
of the contract.
However, an endorsement stipulating a reduction of the
liability of the insurer has no effect unless the insured consents
to it in writing.
883 Representations of a participant in group insurance of
persons may be invoked against him only if the insurer has
provided him with a copy of them.

476 OBLIGATIONS
884 Participating certificates in mutual associations may
establish the rights and obligations of their members by
reference to the statutes and by-laws of the association.
Only those articles of the statutes and by-laws of the
association that are clearly indicated in references on the
participating certificates, in accordance with government
regulation, may be invoked against the members.
Any member is entitled to a copy of the statutes and bylaws
in force.
§ - 3 Representations and warranties of the insured in nonmarine
insurance
885 The insured, and the life insured if the insurer requires
it, is bound to represent all the facts known to him which are
likely to influence a reasonable insurer materially in the
setting of the premium, the appraisal of the risk or the decision
to cover it.
886 The obligation respecting representations is deemed met
if the facts are substantially as represented and there is no
material concealment.
There is no obligation to represent facts known to the
insurer, or which because of their notoriety he is presumed to
know, except in answer to questions.
887 Subject to Articles 888 and 901 to 906, misrepresentations
or concealments by either the insured or the life insured,
with respect to the facts contemplated in the two preceding
articles, nullify the contract at the instance of the insurer, even
for losses not connected with the risks so misrepresented or
concealed.
888 In damage insurance, unless the bad faith of the insured
is established, the insurer is liable for the risk in the proportion
that the premium collected bears to that which he should have

OBLIGATIONS 477
collected, except where it is established that he would not have
covered the risk if he had known the true facts.
889 A breach of warranty aggravating the risk suspends the
coverage.
The suspension ceases when it has been remedied or
when the insurer has acquiesced.
890 When the representations contained in the insurance
application have been entered in it by the representative of the
insurer or by any insurance broker, proof may be made by
testimony that they do not correspond to what was actually
represented.
§ - 4 Imperative provisions
891 Any stipulation which derogates from Articles 878 to
884, 886, 890 to 897, 899, 901 to 905, 920, 926, 928, 929, 932,
939 to 944, 952, 954 to 956, 959, 969, 974 to 977, 980 to 982,
996 to 1000, 1011, 1013, 1022, 1046 and 1061 is without
effect.
Except to the extent that it is more favourable to the
insured or to the beneficiary, any stipulation which derogates
from Articles 885, 888, 889, 906 to 919, 921 to 925, 927, 958,
961, 962 to 965, 967, 968, 970, 972, 973, 978, 983, 985 to 988,
and 991 to 994 is without effect.
Section II
Insurance of persons
§ - 1 General provisions
/ - Contents of policy
892 In addition to the particulars mentioned in Article 879,
a policy of insurance of persons must, if applicable, indicate:

478 OBLIGATIONS
1. the name of the life insured or means of identifying
him;
2. the period granted for the payment of premiums;
3. the right of the insured to participate in the profits;
4. the method or table according to which the surrender
value is established;
5. the right of the insured to the surrender value or to
advances on the policy;
6. the conditions for reinstatement;
7. the right to convert the insurance;
8. the terms and conditions of payment of the sum
insured;
9. the period during which benefits are payable.
893 In any accident and sickness insurance policy, the
insurer must also expressly indicate the nature of the coverage
stipulated in it; if the insurance is conditional upon disability,
he must, in the same manner, indicate the terms and conditions
of payment of the indemnities.
The insurer may not invoke exclusion or reduction
clauses except those clearly indicated under an appropriate
title, such as 4 ' Exclusions and Reduction of Coverage' \
894 Except in the event of fraud, the insurer may not exclude
or reduce the coverage in accident and sickness insurance by
reason of a disease or ailment mentioned in the application,
except under a clause specifically stating the name of the
disease or ailment.
895 Except in the event of fraud, any general clause of
exclusion or reduction of coverage in accident and sickness
insurance has effect regarding a disease or ailment not
declared in the application only if the disease or ailment
manifests itself within the first two years of the insurance.

OBLIGATIONS 479
896 In group insurance, the insurer must issue a policy to the
insured; participants and beneficiaries may examine it at the
insured's office and make copies of it.
Except as otherwise permitted by government regulation,
the insurer must provide the insured with writings
evidencing the insurance, and the insured must distribute
them to the participants.
// - Insurable interest
897 In individual insurance, the contract is null if, at the
time of contracting it, the insured has no insurable interest in
the life or health of the life insured.
898 A person has an insurable interest in his own life and
health and in the life and health of:
1. his spouse;
2. his descendants and those of his spouse;
3. any person upon whom he is dependent for support or
education;
4. his employees and staff;
5. any person in whose life and health the insured has a
pecuniary interest.
899 The absence of an insurable interest does not prevent
the formation of the contract of insurance if the life insured
gives his written consent.
When the life insured is a minor, that consent is given by
his father, his mother or his tutor.
900 Insurance may be assigned to a person whether or not he
has any insurable interest in the life or health of the life
insured.

480 OBLIGATIONS
/// - Statement of age and risk
901 Misrepresentation of the age of the life insured does not
entail nullity of the insurance.
902 In the event of misrepresentation of the age, the sum
insured is adjusted in proportion to the relation between the
premium collected and that which would have corresponded
to the true age of the life insured.
However, in accident and sickness insurance, the insurer
may instead choose to adjust the premium to make it comply
with the rates for the true age.
Where the insurance is to terminate at a given age and
where the misrepresentation is discovered before the death of
the life insured, termination of the insurance is determined
according to the true age.
903 In life insurance, if the age of the life insured at the
beginning of the insurance exceeds the limits fixed by the
insurer's rates, the insurer may also seek the annulment of the
contract within five years of its formation, provided he does so
during the life-time of the life insured and provided the action
is instituted within sixty days after the date on which the
insurer becomes aware of the error.
904 In accident and sickness insurance, the true age is the
only determining factor in cases where commencement or
termination of the insurance depends on the age of the life
insured.
905 In group insurance, misrepresentation and concealment
by a participant have effect only on the insurance of the
persons who are the object of it.
906 In the absence of fraud, no misrepresentation or concealment
relating to anything other than the age of the life

OBLIGATIONS 481
insured may justify the annulment of insurance which has
been in force for two years.
However, in the case of disability benefits, this rule does
not apply if the disability begins during the first two years of
the insurance.
IV - Effective date and issue
907 Life insurance becomes effective when the application is
accepted by the insurer, provided it is accepted without
modification, the initial premium is paid, and there has been
no change in the insurability of the risk from the time the
application is signed.
Acceptance by the insurer binds him even without the
knowledge of the insured.
908 Accident and sickness insurance becomes effective as
soon as the policy is delivered to the insured, even if it is
delivered by a person other than an authorized representative
of the insurer.
909 A policy issued in accordance with the application and
given to a representative of the insurer for unconditional
delivery to the insured is deemed delivered to the insured.
V - Premiums, advances and reinstatements
910 In life insurance, the insured is entitled to thirty days to
make the payment of any premium except the initial one,
during which the insurance remains in force.
The period runs concurrently with any other period
granted by the insurer, but no agreement may reduce it.
Failure to pay the premium within the period granted
terminates the life insurance.

482 OBLIGATIONS
911 The premium does not bear interest during the period
granted, except in group insurance.
912 The insurer cannot demand any interest on the premium
due or on advances, in excess of the rate fixed by government
regulation.
913 When payment is made by bill of exchange, it is deemed
made only if the bill is honoured when first presented.
914 No accident and sickness insurance contract may, after
delivery to the insured, be resiliated for non-payment of the
initial premium unless the insurer gives fifteen days 1 prior
notice in writing.
Non-payment of premiums relating to the renewal
certificates issued to the insured entails resiliation only if a
similar notice is given.
915 The insurer must reinstate individual life insurance
resiliated for non-payment of the premium if the insured
applies to him for this within two years from the date of
resiliation, establishes that the life insured still fulfils the
conditions required for insurance under the resiliated contract,
pays the overdue premiums, and repays the advances he
has received on the policy, with interest at a rate not exceeding
the rate fixed by government regulation.
In that case, the two-year period provided for in Articles
906 and 921 runs again.
916 Reinstatement of the contract is not available if the
surrender value has been paid or if an option has been
exercised for the reduction or extension of the insurance.
917 Any repayment that must be made for the reinstatement
of a contract may be made as an advance up to the amount
allowed by the contract.

OBLIGATIONS 483
918 The insurer has a right of action to obtain payment of
the premiums due only in group life insurance or in accident
and sickness insurance.
In individual insurance, the insurer may deduct the
amount of any premium due out of the benefits payable.
VI - Payment of insurance
919 The insurer is bound to pay the sums insured and other
benefits, according to the conditions of the contract, within
thirty days after the required proof of loss is received.
However, in accident and sickness insurance, this period
is sixty days, except with regard to benefits for loss of income
due to disability.
920 The insurer may not be subrogated in the rights of the
insured, the beneficiary or the life insured against third parties
by reason of the loss.
921 Suicide of the life insured does not relieve the insurer of
his obligations.
Any stipulation to the contrary is without effect if the
suicide occurs after two years of uninterrupted insurance.
VII - Provisions applicable to accident and sickness insurance
922 Any change by the life insured to a more hazardous
occupation lasting for six months or longer entitles the insurer
to reduce the benefits to those payable for the new risk
according to the premium fixed in the contract.
If there is a change to a less hazardous occupation, the
insurer must, from the time he receives notice of it, reduce the
rate of the premium accordingly or extend the insurance by
applying the rate corresponding to the new risk, at the option
of the owner.

484 OBLIGATIONS
923 Where benefits for loss of income under government
plans or under one or more insurance contracts exceed the life
insured's average income from his work during the three best
remunerated years in the five years preceding the loss, the
benefits are proportionately adjusted to the amount of that
income but are never less than the minimum fixed by government
regulation.
Except in group insurance of persons, excess premiums
must be reimbursed to the insured.
924 The insured must give the insurer written notice of loss
within thirty days.
The insured must also furnish the insurer, within ninety
days of the loss, with all information which he may reasonably
expect as to the circumstances and extent of the loss.
The life insured and the beneficiary may execute the
obligations of the owner.
925 A person entitled to the benefit is not prevented from
receiving it if he proves that it was impossible for him to act
within the period granted and if the notification is sent to the
insurer within one year of the loss.
926 The life insured must submit to a medical examination
when the insurer is entitled to require this because of the
nature of the disability.
927 The insurer must pay the first benefits for loss of income
within thirty days of the filing of the proof of disability of the
life insured, unless the contract stipulates a waiting period; in
this case, the thirty days run from the end of the waiting
period.
Subsequent payments are made at intervals of not more
than thirty days provided that proof of loss is furnished to the
insurer upon request.

OBLIGATIONS 485
VIII - Nullity of certain contracts
928 An insurance contract for funeral expenses by which, in
return for a premium paid in one sum or by instalments, a
person undertakes to provide services or goods upon the death
of another person, to pay for funeral expenses or to set aside a
sum of money for that purpose is null.
A tontine contract by which a group of persons pool a
capital amount and agree that, as each of them dies, the
capital will be carried forward to the survivors, is also null.
929 Thy nullity resulting from the preceding article may be
invoked only by those who have paid premiums or instalments
or by the Superintendant of Insurance acting on their behalf.
§ - 2 Beneficiaries and contingent owners
/ - Conditions of the designation
930 The sum insured may be payable to the insured, the
participant or a specified beneficiary.
Insurance payable to a person's succession or to his
successors, heirs, legatees, testamentary executors, trustees or
legal representatives under any stipulation using those expressions
or similar expressions forms part of the patrimony of
that person.
931 In individual insurance on the life of a third party, the
insured may designate a contingent owner who will become
the insured on the death of the person making the designation.
He may also designate a number of joint or successive
contingent owners and specify the order in which each one
will succeed the preceding insured.
932 Designations of beneficiaries or of contingent owners

486 OBLIGATIONS
may only be made in the policy or in a separate writing which
may or may not be in the form of a will.
933 A designation or revocation contained in a will that is
null by reason of a defect of form is not null for that sole
reason.
If the will is revoked, the designation or revocation is
also revoked.
934 It is not necessary that the person contemplated exist at
the time of his designation, or that he then be expressly
determined.
It is sufficient that, at the time the right arises in his
favour, he exist or be conceived and born viable, and be
recognized as the person contemplated.
935 The designation of a beneficiary is presumed made on
the condition that the person contemplated exists at the time
the sum insured is exigible.
The designation of a contingent owner is presumed
made on the condition that the person contemplated exists
when the preceding insured dies.
936 When the life insured and the beneficiary die at the
same time or in circumstances that make it impossible to
establish the order in which they died, the life insured, for the
purposes of the insurance, is deemed to have survived the
beneficiary.
Similarly, the insured is deemed to have survived the
contingent owner.
937 Representation does not take place, but accretion rules
between beneficiaries and between contingent owners are the
same as in the case of heirs.

OBLIGATIONS 487
938 The designation of a beneficiary in the policy or in a
writing other than a will is revocable.
939 The designation of a beneficiary in a will is always
revocable, as is the designation of contingent owners.
940 The revocation must result from a writing but need not
be express.
941 The designation or revocation made in a will does not
avail against another designation or revocation subsequent to
the signing of the will.
It also does not avail against a designation made before
the signing of the will unless the will identifies the insurance in
question.
942 The irrevocable designation of a beneficiary may only
be made in the policy or in a separate writing other than a will.
943 Regardless of the terms used, any designation of beneficiaries
remains revocable until received by the insurer.
944 Designations and revocations may only be set up
against the insurer as from the day he receives them.
The insurer is discharged by payment in good faith to
the last known person entitled to it.
// - Effects of designation
945 The beneficiary and the contingent owner are the
creditors of the insurer.
However, the insurer may set up against them the causes
of nullity and forfeiture that may be invoked against the
insured or the participant.

488 OBLIGATIONS
946 Sums insured payable to a beneficiary do not form part
of the succession of the life insured.
Similarly, contracts transferred to the contingent owner
do not form part of the succession of the preceding insured.
947 The insured is entitled to the dividends even if the
beneficiary has been designated irrevocably.
He is not entitled to the other benefits except with the
consent of the irrevocable beneficiary.
948 Dividends and other benefits are applied to premiums
due to keep the insurance in force.
949 The stipulation of irrevocable designation binds the
insured even if the beneficiary has no knowledge of it.
950 Separation as to bed and board, or divorce, does not
affect the rights of the spouse whether he is the beneficiary or
the contingent owner.
If the designation of beneficiary is irrevocable, it may be
declared forfeited in accordance with the fourth paragraph of
Article 264 of the Book on The Family.
951 Even if the beneficiary has been designated irrevocably,
the insured and the participant may dispose of their rights,
subject to the rights of the beneficiary.
§ - 3 Transfer of insurance
952 Transfer of insurance may be set up against the insurer,
the beneficiary or any other third party only from the time the
insurer receives notice thereof.
When there are several transfers and designations of
irrevocable beneficiaries, priority is determined by the date on
which the insurer is notified.

OBLIGATIONS 489
953 An absolute transfer of the insurance confers all the
rights and obligations of the transferor and entails the
revocation of the revocable beneficiary and of the contingent
owner.
A hypothec of insurance has effect only up to the
balance of the debt, interest and accessories and entails
revocation of the beneficiary or of the contingent owner only
for such sums.
§ - 4 Attempts on the life of the insured
954 An attempt on the life of the life insured by the insured
entails of right resiliation of the insurance and the payment of
the surrender value.
955 An attempt on the life of the life insured by a person
other than the insured entails forfeiture of the rights to the
insurance of that person only.
Section III
Damage insurance
§ - 1 General provisions
/ - Indemnity in insurance
956 Damage insurance obliges the insurer to repair only the
actual loss at the time it occurs, up to the amount of the
insurance.
957 The insured bears a proportional amount of the loss if
the true value of the thing insured exceeds the amount of the
insurance on the day the loss occurs.
958 The exclusion of losses caused by a fortuitous event or
the fault of the insured is not valid unless it is expressly and
restrictively set out in the contract.

490 OBLIGATIONS
However, the insurer is not liable for losses arising from
the insured's intentional fault.
959 When the insurer is liable for losses caused by persons
for whom he is responsible under Article 99, he is liable for the
fault of those persons, whatever its nature and gravity.
960 The insurer is not liable for trade loss, diminution and
loss sustained by the thing insured arising from any inherent
defect in it.
// - Increase in risk
961 The insured must promptly advise the insurer of any
increase in the risk specified in the contract or that resulting
from events within his control and which is likely to materially
influence a reasonable insurer in the setting of the rate of the
premium, the appraisal of the risk or the decision to continue
to ensure it.
Article 888 applies mutatis mutandis if a loss occurs
before the resiliation of the contract or the date the notice of a
new premium rate is sent by the insurer.
/// - Resiliation of the contract
962 Except for transport insurance, the insurer or the
insured may resiliate the contract by written notice.
The notice takes effect upon receipt if it proceeds from
the insured and fifteen days after receipt, at the last known
address, if it proceeds from the insurer.
963 When the right to the indemnity has been hypothecated,
and the hypothec has been served on the insurer, the contract
cannot be resiliated or modified to the prejudice of the creditor
unless the insurer has given him prior notice of at least fifteen
days.

OBLIGATIONS 491
964 When the insurance is resiliated, the insurer is entitled
only to the earned portion of the premium, computed from
day to day if the resiliation proceeds from him or at the shortterm
rate if it proceeds from the insured.
The insurer is bound to repay any over-payment.
IV - Payment of the premium
965 The insurer is entitled to the premium only from the
time the risk begins, and only for its duration if the risk
disappears completely as a result of an event that is not
covered by the insurance.
966 The insurer may sue for payment of the premium or
deduct it from the indemnity payable.
V - Notification of loss
967 The insured must notify the insurer of any loss which
might involve coverage, as soon as he becomes aware of it.
Any interested person may give such notice.
968 If requested by the insurer, the insured must notify the
insurer as soon as possible of all the circumstances surrounding
the loss, including its probable cause, the nature and
extent of it, the location of the thing insured, the rights of third
parties affecting it, and any concurrent insurance.
Notwithstanding any forfeiture time limit fixed by the
contract, the insured is entitled to a reasonable extension of
time if it is not possible for him to execute this obligation
within the time limit specified.
The insured must also, if requested by the insurer,
furnish him with vouchers in support of this information and
attest under oath or by solemn affirmation to the truth of the
information.

492 OBLIGATIONS
If the insured fails to execute the obligations of this
article, any interested person may do so in his place.
969 Any deceitful representation entails forfeiture of the
rights of the person making it to any indemnity related to the
risk so misrepresented.
VI - Payment of indemnities
970 The insurer must pay the indemnity within sixty days
after receiving the notice of loss or the information or vouchers
required by the insurer.
971 To the extent of the indemnities he has paid, the insurer
is subrogated in the rights of the insured against third parties
who are responsible for the loss except in the case of persons
who form part of the household of the insured.
The insurer may be fully or partly released from his
obligation towards the insured when, because of any act of the
insured, he cannot be so subrogated.
VII - Transfer of insurance
972 The insurance contract may be transferred only with the
consent of the insurer and in favour of a person who has an
insurable interest in the object of the insurance.
973 In the case of the death of the insured, his bankruptcy or
the transfer between co-insureds of their interest in the
insurance, the insurance continues in favour of the heir, the
trustee in bankruptcy or the remaining insured.
§ - 2 Property insurance
/ - Contents of the policy
974 In addition to the information prescribed in Article 879,
the policy must indicate:

OBLIGATIONS 493
1. any exclusion of coverage not resulting from the usual
meaning of the words;
2. any limitation of coverage applying to specified objects
or classes of objects;
3. the conditions for resiliation by the insured;
4. the conditions for reinstatement or continuation of the
insurance after loss.
// - Insurable interest
975 A person has an insurable interest in a thing whenever
he may sustain a direct and immediate loss by reason of its loss
or deterioration.
Future and incorporeal things may be the subject of an
insurance contract.
976 The interest of the insured in the thing must exist at the
time of the loss.
The same interest need not exist throughout the duration
of the contract.
977 Insurance of a thing in which the insured has no
insurable interest is without effect.
/// - Amount of the insurance
978 If the policy does not contain special valuation formulas,
proof of the true value of the property insured must be
established in the usual manner.
In unvalued policies, the amount of the insurance does
not make proof of the value of the property.
In a valued contract, the agreed value makes complete
proof, as between the insurer and the insured, of the true value
of the property.

494 OBLIGATIONS
979 In the case of over-insurance made without fraud, the
amount of insurance is reduced to the true value.
The insurer is not entitled to the premiums for the
excess, but premiums paid or due remain vested in him.
IV - Indemnity
980 Where several valid insurance contracts have been
made without fraud on the same thing and against the same
risks, each produces its effects in proportion to all the
insurance in force up to the amount of the loss.
981 The insurers cannot invoke the benefit of division
against the insured.
The insured may sue each of them for the full amount of
coverage for which the insurer has contracted, until he has
been fully indemnified.
982 The indemnities exigible are apportioned among the
creditors who have hypothecs on the thing insured, according
to their rank and without express delegation, upon mere notice
and proof by them.
Nevertheless, payments made in good faith before the
notice discharge the insurer.
983 Subject to the rights of the creditors, the insurer may
reserve the right to repair, rebuild or replace the thing insured.
He is then entitled to salvage.
984 The insured may not make an abandonment of the thing
if there is no agreement to that effect.
985 The insured must facilitate salvage of the thing insured
and inspection by the insurer.

OBLIGATIONS 495
He must in particular allow the insurer to visit the site
and examine the thing insured.
§ - 3 Provisions relating to fire insurance
986 The insurer is liable for all losses which are an immediate
consequence of fire or combustion, whatever the cause,
including damage to the thing during transport or that caused
by the means employed to extinguish the fire, subject to the
particular exceptions contained in the policy.
987 The insurer is not liable for loss caused solely by
excessive heat from a heating apparatus nor occasioned by
any process involving the application of heat, when there is no
fire or commencement of fire.
988 Loss caused by lightning or by an explosion of fuel, even
if there is no fire, is likened to loss caused by fire.
989 The insurer is not liable for loss arising from fire or
explosion caused by foreign or civil war, riot or civil disturbance,
nor for that caused by a nuclear explosion or by
radioactive contamination resulting from it.
990 In addition, the insurer is not liable for losses arising
from fire or explosion directly caused by volcanic eruptions,
earthquakes and other cataclysms.
991 The insurer is liable for damage to the thing insured
caused by measures taken to save and protect it.
He is also liable for the disappearance, during the fire, of
the things insured unless he proves that the disappearance is
due to theft.
992 Insurance of things generally described as being in a
certain place covers all things of the same kind which are in
that place at the time of the loss.

496 OBLIGATIONS
993 Insurance of a furnished house and that of moveable
things in general covers every class of moveables except that
which is expressly excluded or that insured for only a limited
amount.
994 Inoccupancy of a house does not constitute an increase
in the risk if it does not last more than thirty consecutive days
or if the insurance relates to a dwelling used as a vacation
residence designated as such.
The same applies for the admission of tradesmen into
the house to do maintenance work or repair work for a period
of less than thirty days.
§ - 4 Liability insurance
995 Civil liability, contractual or extracontractual, may be
the object of an insurance contract.
996 In addition to the particulars provided for in Article
879, a liability insurance policy must state the relation
between persons and property and persons and acts entailing
liability, the amounts of and exclusions from coverage, the
compulsory or optional nature of the insurance and the direct
and indirect beneficiaries of it.
997 The amount of the insurance is affected exclusively to
the payment of third parties injured.
998 Third parties injured may sue the insured or the insurer
directly.
999 The insurer is bound to take up the interest of any
person entitled to the benefit of the insurance and assume his
defence in any action brought against him.
A settlement made without the consent of the insurer
may not be set up against him

OBLIGATIONS 497
1000 Costs and expenses of suits against the insured, including
those of the defence, and interest on the amount of
insurance, are borne by the insurer over and above the limits
of the insurance.
Section IV
Marine insurance
§ - 1 General provisions
1001 Marine insurance may cover the assured against land
risks incidental to a marine adventure, whether on inland
waters or not.
It may also cover a ship in course of building or
repairing, the launching of a ship or any adventure analogous
to a marine adventure.
1002 In particular, there is a marine adventure when:
1. any ship, goods or other moveables are exposed to
maritime perils;
2. the earning or acquisition of any freight, passage
money, commission, profit or other pecuniary benefit or
the security for any advances, loans or disbursements, is
endangered by the exposure of insurable property to
maritime perils;
3. by reason of maritime perils, civil liability may be
incurred by any person interested in or responsible for
insurable property.
1003 "Ship" includes the hull, materials and outfit, stores
and provisions and, in the case of vessels engaged in a special
trade, the ordinary fittings needed for the trade, and also the
machinery and boilers, as well as bunkers and engine stores, if
owned by the assured.
1004 "Freight" includes the profit which a shipowner may

498 OBLIGATIONS
derive from the use of his ship to carry his own goods as well as
freight payable by a third party.
1005 "Moveable" means any moveable property other than
the ship and includes money, valuable securities and other
documents.
"Goods" means merchandise but not personal effects
or provisions and stores for use on board or, saving usage to
the contrary, deck cargo and living animals.
1006 "Maritime perils" includes the perils mentioned in the
policy and those consequent on or incidental to navigation
such as perils of the seas, fire, war perils, pirates, rovers,
thieves, captures, seizures, restraints, detainments of kings,
princes and peoples, jettison and barratry.
1007 "Arrests, captures, seizures, restraints and detainments
of kings, princes, and people" refers to political or executive
acts, and does not include loss caused by riot or by ordinary
judicial process.
"Thieves" does not cover clandestine theft or a theft
committed by anyone of the ship's company, whether crew or
passengers.
1008 "Barratry" includes every wrongful act wilfully committed
by the master or crew to the prejudice of the owner or
the demise charterer.
"Pirates" includes passengers who mutiny and persons
who attack the ship from the shore.
1009 "Average unless general" means a partial loss of the
subject-matter insured.
1010 "All other perils" includes only perils similar in kind to
the perils specifically mention_eAjjo_lhe_Dolicv.

OBLIGATIONS 499
§ - 2 Insurable interest
/ - Necessity of interest
1011 Marine insurance is absolutely null if the assured has no
insurable interest in the marine adventure concerned.
1012 The insurable interest must exist at the time of the loss
though it need not exist when the contract is entered into.
Where the assured has no interest at the time of the loss,
he cannot acquire one by any act or election after he is aware
of the loss. Where the subject matter is insured "lost or not
lost", the insurance is valid although the assured may not
have acquired his interest until after the loss, unless at the time
the contract was entered into the assured was aware of the loss
and the insurer was not.
1013 Gaming or wagering contracts are absolutely null.
There is a gaming or wagering contract where the
assured has no insurable interest and the contract is entered
into with no expectation of acquiring one.
Policies which contain conditions like "interest or no
interest", or "without further proof of interest than the policy
itself' are deemed to evidence gaming or wagering contracts.
The same is true of policies stipulating no benefit of salvage to
the insurer where there is in fact possibility of salvage.
// - Cases of insurable interest
1014 Any person interested in a marine adventure has an
insurable interest in it.
In particular, a person is interested in a marine adventure
when he stands in any juridical relation to the adventure
or to any insurable property at risk in it, in consequence of
which he may incur liability in respect of it, may benefit by the

500 OBLIGATIONS
safety or due arrival of insurable property or may be prejudiced
by its loss, damage or detention.
1015 Partial, defeasible or contingent interests are insurable.
1016 In particular, there is an insurable interest in the cases
of:
1. the insurer, for the risk insured; he may re-insure
himself in respect of it;
2. the master or any member of the crew, in respect of their
wages;
3. the person paying advance freight insofar as it is not
repayable in case of loss;
4. the assured, for the charges of any insurance effected;
5. the hypothecary debtor, for the full value of the subjectmatter
hypothecated;
6. the hypothecary creditor, for any sum due or to become
due under the hypothec;
7. the buyer of goods, notwithstanding his right to reject
them or to have them treated as at the seller's risk.
/// - Extent of insurable interest
1017 Any person who has an interest in the subject-matter
insured may insure it on his behalf or on behalf of a third party
who has an interest in it.
1018 The owner of insurable property has an insurable
interest in respect of its full value, even though some third
party may have agreed, or be liable, to indemnify him in case
of loss.
§ - 3 Transfer of insurance
1019 A marine policy may be transferred either before or after
loss.

OBLIGAT 501
1020 The person to whom the right to an indemnity under the
contract has been transferred may enforce his rights directly
against the insurer.
The insurer, however, may set up any defence arising
out of the contract which he would have been entitled to make
against the assured.
1021 A transfer is made by endorsing the policy or in any
other customary manner.
1022 When the assured has alienated or lost his interest in the
property insured and has not, before or at the time he does so,
expressly or implicitly agreed to transfer the contract, any
subsequent transfer of it has no effect.
However, this article does not prohibit transfer of a
contract after loss.
1023 Except in the case of transmission by operation of law or
by succession, alienation of the property insured does not
entail transfer of the insurance.
§ - 4 Measure of insurable value
1024 The insurable value is the value, when the policy
attaches, of the subject-matter at the risk of the assured.
1025 In insurance on ship, the insurable value is the value of
the ship plus the money advanced for seamen's wages, and
other disbursements incurred to make the ship fit for the
voyage or adventure contemplated by the policy.
1026 In insurance on freight, whether paid in advance or
otherwise, the insurable value is the gross amount of the
freight at the risk of the assured.
1027 In insurance on goods, the insurable value is the prime

502 OBLIGATIONS
cost of the goods insured, plus the expenses of and incidental
.0 shipping.
1028 In all cases, the insurable value is increased by the
insurance charges on the subject-matter at risk.
§ - 5 Proof and ratification of the contract
1029 The contract may be proven only by producing the
policy.
1030 Where a policy has been effected, any customary memorandum
of the contract, such as the slip and the cover note, are
admissible in evidence, particularly for the purpose of establishing
the true terms of the contract and of showing when the
proposal was accepted.
1031 Where a contract is entered into in good faith for a third
party, he may ratify it even after he is aware of a loss.
§ - 6 Contract and policy
/ - Usage
1032 In the interpretation of the contract, regard is had to the
usage prevalent in marine insurance and in the trade to which
the contract relates.
// - Subscription
1033 The subscription of each insurer constitutes a distinct
contract with the assured.
/// - Kinds of contracts
1034 Contracts may be for a voyage or a period of time and
both may be included in the same policy.
They may also be valued, unvalued or floating.

OBLIGATIONS 503
1035 Voyage contracts cover the assured from or at and from
one place to another or others; in the latter case, the policy
specifies "at and from".
1036 Time contracts cover the assured for the specified
period.
1037 A valued contract specifies the agreed value of the
subject-matter insured.
Subject to this chapter and in the absence of fraud, the
agreed value makes full proof, as between the insurer and the
assured, of the insurable value of the subject-matter intended
to be insured, whether the loss is total or partial.
The agreed value is not conclusive for the purpose of
determining whether there has been a constructive total loss.
1038 An unvalued policy does not specify the value of the
subject-matter insured.
The insurable value is ascertained subsequently in the
manner specified in Articles 1024 to 1028, subject to the limit
of the sum insured.
1039 A floating contract describes the insurance in general
terms, and the necessary particulars such as the name of the
ship are established by subsequent declaration.
Declarations may be made by endorsement on the
policy or in any other customary manner.
1040 The declarations must be made in the order of dispatch
or shipment.
In the case of goods, declarations comprise all consignments
within the terms of the policy and the value of the goods
must be stated.

504 OBLIGATIONS
Omissions or erroneous declarations may be rectified
even after loss or arrival, provided the omissions or declarations
were made in good faith.
1041 The contract is deemed unvalued as regards the subjectmatter
of any declaration of value made only after loss or
arrival is known.
§ - 7 Rights and obligations of the insured
/ - Payment of the premium
1042 When a contract is entered into at a premium to be
arranged, and no arrangement is made, a reasonable premium
is nevertheless payable.
When a contract is entered into on the terms that an
additional premium is to be arranged in a given event, and
that event happens but no arrangement is made, a reasonable
additional premium is nevertheless payable.
1043 When a policy is effected by a broker, he is liable to the
insurer for the premium.
Similarly, the insurer is liable to the assured for the
amount which may be payable in respect of losses or of return
of premium.
1044 The broker has against the assured a right of retention
on the policy for the amount of the premium and his charges
for effecting the policy.
In addition, where he has dealt with a person as if that
person was a principal, he also has a right of retention on the
policy in respect of any balance on any insurance account
which may be due to him from that person, unless, when the
debt was incurred, he had reason to believe that that person
was only acting on behalf of a third party.

OBLIGATIONS 505
1045 Where a policy effected by a broker acknowledges
receipt of the premium, the acknowledgement in the absence
of fraud makes full proof, as between the insurer and the
assured, but not as between the insurer and the broker.
// - Disclosures and representations
1046 The formation of the contract requires the utmost good
faith.
If it is not observed by one party, the other may apply to
have the contract annulled.
1047 The assured must disclose, before the contract is formed,
all circumstances known to him and which are likely to
materially influence a reasonable insurer in the setting of the
premium, the appreciation of the risk or the decision to cover
it.
Every representation likely so to influence a reasonable
insurer and made by the assured during the negotiations for
the contract must be true.
1048 Except in answer to questions, the assured is not bound
to disclose circumstances which diminish the risk or which it is
superfluous to disclose by reason of any express or implied
warranty.
Likewise, he is not bound to disclose matters of common
notoriety or knowledge nor circumstances which are known to
the insurer or as to which information is waived by him.
1049 A representation as to a matter of fact is deemed true if
the difference between reality and what is represented would
not materially influence the judgment of a reasonable insurer.
A representation as to a matter of expectation or belief is
deemed true if it is made in good faith.

506 OBLIGATIONS
1050 Where insurance is effected for the assured by a party
acting on his behalf, that party is subject to the same
obligations as the assured with respect to disclosures and
representations.
That party is deemed to know every circumstance which
in the ordinary course of business ought to have been
communicated to him.
However, he is not charged with non-disclosure when
the circumstance has come to the knowledge of the assured too
late to be communicated to him.
1051 Assureds and insurers, as well as parties acting on their
behalf, are deemed to know all circumstances which, in the
ordinary course of their business, they ought to know.
1052 Representations may be corrected or withdrawn before
the contract is entered into.
1053 If the assured fails to make a disclosure or if a representation
is untrue, the insurer may have the contract annulled,
even for losses not connected with the risks misrepresented or
not disclosed.
1054 Whether or not a particular non-disclosure or representation
is likely to materially influence a reasonable insurer is a
question of fact.
1055 ''Circumstance" includes any communication made to,
or information received by, the assured.
/// - Warranties
1056 Warranties are undertakings by the assured that some
particular thing will or will not be done or that some
conditions will be fulfilled or whereby he affirms or denies the
existence of a particular state of facts.

OBLIGATIONS 507
The latter includes necessarily an undertaking that the
particular state of facts will not change.
1057 Warranties may be express or implied.
1058 Warranties must be complied with exactly, whether or
not they are likely to influence materially a reasonable insurer.
If they are not so complied with, the insurer is discharged
from liability as from the date of the breach of
warranty, but without prejudice to any liability incurred by
him before that date.
1059 The assured is not bound to comply with a warranty
which has since become unlawful or which, by reason of a
change of circumstances, has ceased to be applicable.
1060 Where a warranty has been breached, the assured
cannot avail himself of the defence that the breach has been
remedied and the warranty complied with, before loss.
1061 An express warranty may be in any form of words from
which the intention to warrant can be inferred.
An express warranty must be included in or written
upon the policy or contained in some document incorporated
by reference into the policy.
An express warranty does not exclude an implied
warranty, unless it is inconsistent with it.
1062 An express warranty as to the neutrality of a ship or
goods includes an implied warranty that the property will
have a neutral character at the commencement of the risk, and
that, so far as the assured can control the matter, its neutral
character will be preserved during the risk.
1063 An express warranty as to the neutrality of a ship
includes an implied warranty that, as far as possible for the

508 OBLIGATIONS
assured, the ship will carry the necessary papers to establish its
neutrality, and that these papers will not be falsified or
suppressed, or simulated papers used.
If any loss occurs through breach of this implied
warranty, the insurer may have the contract annulled.
1064 There is no implied warranty as to the nationality of a
ship, or that its nationality will not be changed during the risk.
1065 Where the subject-matter insured is warranted "well"
or "in good safety" on a particular day, it is sufficient if it is
safe at any time during that day.
1066 In a voyage contract, there is an implied warranty that
at the commencement of the voyage the ship will be seaworthy
for the purpose of the particular adventure insured.
Where the risk attaches while the ship is in port, there is
an implied warranty that, at the commencement of the risk, it
will be reasonably fit to encounter the ordinary perils of the
port.
Where different stages of a voyage require different
kinds of or further preparation or equipment for a ship, there
is an implied warranty that, at the commencement of each
stage, the ship is seaworthy in respect of the preparation or
equipment for the purposes of that stage.
1067 In a time contract, there is no implied warranty that the
ship will be seaworthy.
However, where with the privity of the assured the ship
is sent to sea in an unseaworthy state, the insurer is not liable
for any loss attributable to such unseaworthiness.
1068 A ship is deemed to be seaworthy when it is reasonably
fit in all respects to encounter the ordinary perils of the seas of
the adventure insured.

OBLIGATIONS 509
1069 In a contract of insurance on goods, there is no implied
warranty that the goods are seaworthy.
In a voyage contract on goods, there is an implied
warranty that, at the commencement of the voyage, the ship is
not only seaworthy as a ship, but also that it is reasonably fit to
carry the goods to the destination contemplated.
1070 There is an implied warranty that the adventure insured
is a lawful one and that, so far as the assured can control the
matter, the adventure will be carried out in a lawful manner.
IV - Notice and proof of loss
1071 The assured must notify the insurer of any loss of such a
nature as to involve the coverage, as soon as he becomes aware
of it.
Any interested person may give that notice.
1072 At the request of the insurer, the assured must notify the
insurer as soon as possible of all the circumstances surrounding
the loss, including its probable cause, the nature and
extent of the damage, the location of the property, the rights of
third parties affecting it, and any concurrent insurance.
Notwithstanding any forfeiture time limit fixed by the
contract, the assured is entitled to a reasonable extension of
time if it is not reasonably possible for him to execute this
obligation within the time limit specified.
The assured must also, at the insurer's request, furnish
him with supporting vouchers.
If the assured fails to execute the obligations of this
article, any interested party may do so in his place.
1073 Any deceitful representation entails forfeiture of the

510 OBLIGATIONS
rights of the person making it to any indemnity related to the
risk so misrepresented.
§ - 8 Rights and obligations of the insurer
1074 The insurer is not bound to issue the policy until
payment or tender of the premium.
1075 Where the consideration for the payment of the premium
totally fails and there has been no fraud or illegality on
the part of the assured, the premium is returnable to the
assured.
Where the consideration for the payment of the premium
is apportionable and there is a total failure of any
apportionable part of the consideration, a proportionate part
of the premium is, under the same conditions, returnable to
the assured.
1076 The nullity of the contract entails the return of the
premium, subject to Articles 1074 to 1082.
However, if the risk is not apportionable and has once
attached, the premium is not returnable.
1077 When the subject-matter insured or part of it has never
been imperilled, the premium or, as the case may be, a
proportionate part of it, is returnable.
However, where the subject-matter has been insured
"lost or not lost" and has arrived in safety at the time when
the contract is concluded, the premium is not returnable
unless, at that time, the insurer knew of the safe arrival.
1078 Where the assured has no insurable interest throughout
the currency of the risk and the contract was effected other
than by way of gaming or wagering, the premium is
returnable.

OBLIGATIONS 511
1079 The premium is not returnable when the assured has an
interest subject to annulment and it terminates during the
currency of the risk.
1080 Where the assured has over-insured under an unvalued
contract, a proportionate part of the premium is returnable.
1081 Subject to Articles 1076 to 1079, where the assured is,
without his knowledge, over-insured by double insurance, a
proportionate part of the several premiums is returnable.
However, if the contracts came into force at different
times, and any earlier contract has at any time borne the entire
risk, or if a claim has been paid on the contract in respect of
the full sum insured by it, no premium is returnable in respect
of that contract.
1082 Where double insurance is effected knowingly by the
assured, no premium is returnable.
§ - 9 Voyage
/ - General provisions
1083 Where the subject-matter is insured by a voyage contract
"at and from" or "from" a particular place, the ship
need not be at that place when the contract is concluded, but
there is an implied condition that the adventure will commence
within a reasonable time.
If the adventure does not so commence, the insurer may
have the contract annulled, except if the assured shows that
the delay was caused by circumstances known to the assurer
before the contract was concluded.
1084 When the ship sails from a place other than the place of
departure specified by the contract, the insurer may have the
contract annulled.

512 OBLIGATIONS
The same applies where the ship sails for a destination
other than that specified by the contract.
// - Change of voyage
1085 There is a change of voyage as from the time when, after
the commencement of the risk, the determination to change
voluntarily the destination of the ship from that contemplated
by the contract is manifested.
The insurer is discharged from liability as from the time
of change and it is immaterial that the ship may not in fact
have left the course of voyage contemplated by the contract
when the loss occurs.
/// - Deviation
1086 There is deviation where the ship departs from the
course of the voyage stipulated in the contract or, if none is
stipulated, from the usual and customary course.
The insurer is discharged from liability as from the time
of any deviation without lawful excuse and it is immaterial
that the ship may have regained its route before any loss
occurs.
Only actual deviation is material. Intention alone is not
sufficient.
1087 Where several places of discharge are specified by the
contract, the ship may proceed to all or any of them.
However, in the absence of any usage or sufficient cause
to the contrary, it must proceed to them, or such of them as it
goes to, in the order designated by the contract. If it does not,
there is deviation.
1088 Where the contract refers only to places of discharge
within a given area, but does not name them, the ship must, in

OBLIGATIONS 513
the absence of any usage or sufficient cause to the contrary,
proceed to them, or such of them as it goes to, in their
geographical order.
IV - Delay
If it does not, there is deviation.
1089 In the case of a voyage contract, the insurer is discharged
from liability as from the time when, without lawful
excuse, the adventure ceases to be prosecuted with reasonable
dispatch.
V - Excuses for delay or deviation
1090 Deviation or delay in prosecuting a voyage is excused
when authorized by the contract or where necessary in order
to comply with a warranty.
1091 Deviation or delay is also excused where caused by
circumstances beyond the control of the master and his
employer or where necessary for the safety of the subjectmatter
insured.
1092 Deviation or delay is also permitted for the purpose of
saving human lives or aiding a ship in distress where human
lives may be in danger, or where necessary for the purpose of
obtaining medical or surgical aid for any person on board the
ship.
1093 It is also excused where caused by the barratrous
conduct of the master or crew, provided barratry is one of the
perils insured against.
1094 When the cause excusing the deviation or delay ceases
to operate, the ship must resume its course and prosecute the
voyage with reasonable dispatch.

514 OBLIGATIONS
1095 Where, by a peril insured against, the voyage is interrupted
at an intermediate port or place under such circumstances
as, apart from any special stipulation in the contract of
affreightment, to justify the master in landing and re-shipping
the goods, or in transhipping them, and sending them on to
their destination, the liability of the insurer continues,
notwithstanding the landing or transhipment.
§ - 10 Losses and abandonment
1096 The insurer is liable only for losses directly caused by a
peril insured against.
1097 The insurer is not liable for any loss attributable to the
wilful misconduct of the assured, but he is liable for any loss
directly caused by a peril insured against, even though the loss
would not have happened but for the misconduct or the
negligence of the master or crew.
1098 The insurer on ship or goods is not liable for any loss
directly caused by delay, although the delay may be caused by
a peril insured against.
1099 The insurer is not liable for any damage to machinery
not directly caused by maritime perils, nor for ordinary wear
and tear, ordinary leakage and breakage, inherent vice or
nature of the subject-matter insured, or for any loss directly
caused by rats or vermin.
1100 A loss may be total or partial.
Any loss other than a total loss as defined in Articles
1104 to 1107 is a partial loss.
1101 A total loss may be an actual total loss or a constructive
total loss.
Unless a different intention appears from the terms of

OBLIGATIONS 515
the contract, insurance against total loss includes a constructive
total loss as well as an actual total loss.
1102 Where the assured brings an action for a total loss and
the evidence proves only a partial loss, he may recover for a
partial loss if partial losses are covered by the contract.
1103 Where goods reach their destination in specie, but by
reason of obliteration of marks, or otherwise, they are incapable
of identification, the loss, if any, is partial and not total.
1104 There is an actual total loss where the assured is
irretrievably deprived of the subject-matter insured or where it
is destroyed or so damaged as to lose its identity.
In the case of an actual total loss, no notice of abandonment
need be given.
1105 There is a presumption of actual total loss where a ship
has disappeared and no news of it has been received after a
reasonable time.
1106 There is a constructive total loss where the subjectmatter
insured is reasonably abandoned on account of its
actual total loss appearing to be unavoidable, or because it
could not be preserved from actual total loss without an
expenditure which would exceed its value when the expenditure
had been incurred.
1107 In particular, there is a constructive total loss:
1. when the assured is deprived of the possession of the
subject-matter insured by a peril insured against, and it
is unlikely that he can recover it, or the cost of recovering
it would exceed its value when recovered;
2. when the cost of repairing the damage to goods and
forwarding them to their destination would exceed their
value on arrival;

516 OBLIGATIONS
3. when the cost of repairing the damage to the ship would
exceed its value when repaired.
1108 In estimating the cost of repairs of a ship, no deduction
is made in respect of general average contributions to those
repairs payable by other interests.
However, account is taken of the expense of future
salvage operations and of any future general average contributions
to which the ship would be liable if repaired.
1109 Where there is a constructive total loss, the assured may
either treat the loss as a partial loss, or abandon the subjectmatter
insured to the insurer and treat the loss as if it were an
actual total loss.
1110 Where the assured elects to abandon the subject-matter
insured to the insurer, he must give notice of abandonment.
If he fails to do so, the loss can only be treated as a
partial loss.
1111 There are no requirements of form or of substance for
notices of abandonment.
However, the intention of the assured to abandon
unconditionally his interest in the subject-matter insured must
be clearly indicated.
1112 Notice of abandonment must be given with diligence
after the receipt of reliable information as to the loss.
Where the information is of a doubtful character, the
assured is entitled to a reasonable time to make inquiry.
1113 Notice of abandonment is not required if, when the
assured receives information of the loss, there would be no
possibility of benefit to the insurer if notice were given to him.

OBLIGATIONS 517
1114 Where an insurer has re-insured his risk, no notice of
abandonment need be given by him.
1115 Where an abandonment is validly tendered, the insurer
may accept or refuse it.
1116 Acceptance of an abandonment may be either express or
implied from the conduct of the insurer.
Mere silence of the insurer does not constitute
acceptance.
1117 Where the notice is accepted, the abandonment is
irrevocable, the liability of the insurer is deemed admitted and
the notice is deemed to have been sufficient.
1118 Where the insurer accepts the abandonment, he takes
over and assumes, as from the time of the event causing the
loss, the interest of the assured in whatever may remain of the
subject-matter insured and all proprietary rights and all
liabilities incidental to it.
1119 Upon the abandonment of a ship, the insurer who has
accepted the abandonment is entitled to any freight in the
course of being earned and which is earned by it subsequent to
the event causing the loss, less the expenses of earning it
incurred after the event.
Where the ship is carrying the owner's goods, the
insurer is entitled to a reasonable remuneration for the
carriage of them subsequent to the event causing the loss.
1120 Where notice of abandonment is properly given, the
rights of the assured, in particular the right to recover for a
constructive total loss, are not prejudiced by the fact that the
insurer refuses to accept the abandonment.
1121 Where the insurer refuses the abandonment, the interest
of the assured in whatever may remain of the subject-matter

518 OBLIGATIONS
insured and all proprietary rights and liabilities incidental to it
remain vested with the assured, even though the insurer
indemnifies the assured for the loss which gave rise to the
abandonment.
§ - 11 Partial losses and various charges
1122 A particular average loss is a partial loss of the subjectmatter
insured, caused by a peril insured against, and which is
not a general average loss.
1123 Particular charges are expenses incurred by or on behalf
of the assured for the safety or preservation of the subjectmatter
insured, other than general average and salvage
charges.
Particular charges are not included in particular
average.
1124 Salvage charges incurred in preventing a loss by perils
insured against may be recovered as a loss by those perils.
1125 "Salvage charges" are the charges recoverable under
maritime law by a salvor independently of contract.
They do not include the expenses of services in the
nature of salvage rendered by the assured or his agents, or any
person employed for hire by them, for the purpose of averting
a peril insured against.
Those expenses, where properly incurred, may be recovered
as particular charges or as a general average loss,
according to the circumstances in which they were incurred.
1126 A general average loss is a loss caused by or directly
consequential on a general average act.
It includes a general average expenditure as well as a
general average sacrifice.

OBLIGATIONS 519
1127 There is a general average act where an extraordinary
sacrifice or expenditure is intentionally and reasonably made
or incurred in time of peril for the purpose of preserving the
property imperilled in the common adventure.
1128 Where there is a general average loss, the party on
whom it falls is entitled, subject to the conditions imposed by
maritime law, to a rateable contribution from the other parties
interested, and this contribution is called a general average
contribution.
1129 Where the assured has incurred a general average
expenditure, he may recover from the insurer but only in
respect of the proportion of the loss which falls upon him.
In the case of a general average sacrifice, he may recover
from the insurer in respect of the whole loss without having
enforced his right of contribution from the other parties liable
to contribute.
1130 Where the assured has paid, or is liable to pay, a general
average contribution in respect of the subject-matter insured,
he may recover for it from the insurer within the limits set by
Article 1145.
1131 The insurer is not liable for any general average loss or
contribution where the loss was not incurred for the purpose of
avoiding, or in connection with the avoidance of a peril
insured against.
1132 Where ship, freight and cargo, or any two of them, are
owned by the same assured, the liability of the insurer in
respect of general average losses or contributions is to be
determined as if they were owned by different persons.
§ - 12 Measure of indemnity
1133 The measure of indemnity is the sum which the assured
can recover in respect of a loss under a contract by which he is

520 OBLIGATIONS
insured, in the case of an unvalued contract to the full extent
of the insurable value or, in the case of a valued contract, to
the full extent of the value fixed by the contract.
1134 Where there is a loss recoverable under the contract, the
insurer, or each insurer if there are more than one, is liable for
such proportion of the measure of indemnity as the amount of
his subscription bears to the value fixed by the contract in the
case of a valued contract, or to the insurable value in the case
of an unvalued contract.
1135 Where there is a total loss of the subject-matter insured,
the measure of indemnity is the sum fixed by the contract in
the case of a valued contract, and the insurable value of the
subject-matter insured in the case of an unvalued contract.
1136 Where there is a partial loss of freight, the measure of
indemnity is such proportion of the sum fixed by the contract
in the case of a valued contract, or of the insurable value in the
case of an unvalued contract, as the proportion of freight lost
bears to the whole insured freight.
1137 Where there is a partial loss of ship, the measure of
indemnity is as follows, whether the ship be sold or not in its
damaged condition:
1. the reasonable cost of the repairs made, less the customary
deductions; and
2. the estimated reasonable cost of the repairs to be made,
less the customary deductions, but not exceeding the
reasonable depreciation arising from the unrepaired
damage.
However, the measure of indemnity must never exceed
the sum insured in respect of any one casualty.
1138 Where part of the goods insured by a valued contract is
totally lost, the measure of indemnity is such proportion of the
sum fixed by the contract as the insurable value of the part lost

OBLIGATIONS 521
bears to the insurable value of the whole, ascertained as in the
case of an unvalued contract.
1139 Where part of the goods insured by an unvalued policy
is totally lost, the measure of indemnity is the insurable value
of the part lost ascertained as in the case of total loss.
1140 Where the whole or any part of the goods insured has
been delivered damaged at its destination, the measure of
indemnity is such proportion of the sum fixed by the contract
in the case of a valued contract, or of the insurable value in the
case of an unvalued contract, as the difference between the
gross sound and damaged values bears to the gross sound
value.
1141 "Gross value" means the wholesale price at the place of
arrival or, if there be no such price, the estimated value, with,
in either case, freight, landing charges and duty paid
beforehand.
However, in the case of goods customarily sold in bond,
the bonded price is deemed to be the gross value.
1142 Where different species of property are insured under a
single valuation, the valuation must be apportioned over the
different species in proportion to their respective insurable
values.
1143 The insured value of any part of a species is such
proportion of the total insured value of the same as the
insurable value of the part bears to the insurable value of the
whole.
1144 Where a valuation has to be apportioned, and particulars
of the invoice value of each separate species, quality, or
description of goods cannot be ascertained, the division of the
valuation may be made over the net arrived sound values of
the different species, qualities, or descriptions of goods.

522 OBLIGATIONS
1145 Where the assured has paid, or is liable for any general
average contribution, the measure of indemnity is the full
amount of such contribution, if the subject-matter liable to
contribution is insured for its full contributory value.
If the subject-matter is not insured for its full contributory
value, or if only part of it is insured, the indemnity
payable by the insurer must be reduced in proportion to the
under-insurance.
Where there has been a particular average loss which
constitutes a deduction from the contributory value, and for
which the insurer is liable, that amount must be deducted
from the insured value in order to ascertain what the insurer is
liable to contribute.
Where the insurer is liable for salvage charges, the
extent of his liability must be determined on the same
principle.
1146 Where the assured has effected an insurance in express
terms against any liability to a third party, the measure of
indemnity is the amount paid or payable by him to the third
party in respect of that liability, but not to exceed the amount
of insurance.
1147 Where there has been a loss in respect of any subjectmatter
not expressly provided for in this chapter, the measure
of indemnity is ascertained, as nearly as may be, in accordance
with the provisions of this chapter, in so far as applicable to
the particular case.
1148 Nothing in Articles 1133 to 1158 affects the rules
relating to double insurance, or prohibits the insurer from
disproving interest wholly or in part, or from showing that, at
the time of the loss, the whole or any part of the subject-matter
insured was not at risk under the policy.
1149 Where the subject-matter insured is warranted free from

OBLIGATIONS 523
particular average, the assured cannot recover for a loss of
part, other than a loss incurred by a general average sacrifice,
unless the contract evidenced by the policy is apportionable.
If the contract is so apportionable, the assured may
recover for the total loss of any apportionable part.
1150 Where the subject-matter insured is warranted free from
particular average, either wholly or under a certain percentage,
the insurer is nevertheless liable for salvage charges, and
for particular charges and other expenses properly incurred
pursuant to the provisions of the suing and labouring clause in
order to avert a loss insured against.
1151 Where the subject-matter insured is warranted free from
particular average under a specified percentage, a general
average loss cannot be added to a particular average loss to
make up the specified percentage.
1152 For the purpose of ascertaining whether the specified
percentage has been reached, no regard shall be had to the
particular charges and the expenses of and incidental to
ascertaining and proving the loss.
1153 Subject to Articles 1133 to 1158 the insurer is liable for
successive losses, even though the total amount of the losses
may exceed the sum insured.
1154 Where, under the same contract, a partial loss which has
not been repaired or otherwise made good is followed by a
total loss, the assured may only recover in respect of the total
loss.
1155 Nothing in the two preceding articles affects the liability
of the insurer under the suing and labouring clause.
1156 Where the contract contains a suing and labouring
clause, the clause is deemed to be supplementary to the
contract of insurance, and the assured may recover from the

524 OBLIGATIONS
insurer any expenses properly incurred pursuant to the clause,
notwithstanding that the insurer may have paid for a total
loss, or that the subject-matter may have been warranted free
from particular average, either wholly or under a certain
percentage.
The amount recoverable by the assured under this
clause may not exceed the sum fixed in the contract in the case
of a valued contract, or the insurable value in the case of an
unvalued contract.
1157 General average losses, contributions and salvage
charges, as well as expenses incurred for the purpose of
averting or diminishing any loss not covered by the contract,
are not recoverable under the suing and labouring clause.
1158 It is the duty of the assured and his agents, in all cases, to
take such measures as may be reasonable for the purpose of
averting or minimizing a loss.
§ - 13 Subrogation
1159 Where the insurer pays for a total loss either of the
whole or, in the case of goods, of any apportionable part of the
subject-matter insured, he becomes entitled to take over the
interest of the assured in whatever may remain of the subjectmatter
so paid for, and he is subrogated in the rights and
remedies of the assured in and in respect of that subject-matter
as from the time of the event causing the loss.
1160 Subject to the preceding article, where the insurer pays
for a partial loss, he acquires no title to the subject-matter
insured, or to any part of it as may remain.
However, the insurer is subrogated in the rights and
remedies of the assured in and in respect of the subject-matter
insured as from the time of the event causing the loss, insofar
as the assured has been indemnified.

OBLIGATIONS 525
§ - 14 Double insurance
1161 Where two or more contracts are effected by or on
behalf of the assured on the same adventure and interest or
any part of it, and the sums insured exceed the indemnity
allowed by Articles 1133 to 1158, the assured is said to be
over-insured by double insurance.
1162 The assured may claim payment from the insurers in the
order he thinks fit.
However, he is not entitled to receive any sum in excess
of the indemnity allowed by Articles 1133 to 1158.
1163 Where the contract under which the assured claims is a
valued contract, the assured must give credit as against the
valuation for any sum received by him under any other
contract without regard to the actual value of the subjectmatter
insured.
1164 Where the contract under which the assured claims is an
unvalued contract he must give credit, as against the full
insurable value, for any sum received by him under any other
contract.
1165 Where the assured receives a sum in excess of the
indemnity allowed by Articles 1133 to 1158, he is deemed to
hold that sum for the benefit of the insurers, according to their
right of contribution among themselves.
1166 Where the assured is over-insured by double insurance,
each insurer is bound, as between himself and the other
insurers, to contribute rateably to the loss in proportion to the
amount for which he is liable under his contract.
1167 If any insurer pays more than his proportion of the loss,
he is entitled to maintain an action for contribution against
the other insurers, and is entitled to the like remedies as a
surety who has paid more than his proportion of the debt.

526 OBLIGATIONS
§ - 15 Under insurance
1168 Where the assured is insured for an amount less than the
insurable value or, in the case of a valued contract, for an
amount less than the contract valuation, he is deemed to be his
own insurer in respect of the uninsured balance.
§ - 16 Mutual insurance
1169 There is mutual insurance when two or more persons
agree to insure each other against marine losses.
1170 In the case of liability insurance, the amount of the
insurance is affected exclusively to the payment of third
parties injured.
Third parties injured may sue the insured or the insurer
directly.
1171 The provisions relating to marine insurance, except
those concerning the premium, apply to mutual insurance.
A guarantee or any other arrangement as may be agreed
upon may be substituted for the premium.
CHAPTER XVI
ANNUITIES
Section I
General provisions
1172 An annuity is created by a contract under which the
debtor undertakes to pay periodic instalments to the creditor
for a certain time.
1173 An annuity may also be created by will or by law.

OBLIGATIONS 527
1174 An annuity may be for life or for a term.
1175 An annuity may not be stipulated to be exempt from
seizure and untransferable, unless the creditor receives it by
gratuitous title.
1176 The capital value of an annuity may not be claimed
solely on the grounds of non-payment of arrears.
1177 The creditor whose annuity is secured by hypothec may
not demand that the immoveable seized be sold subject to his
annuity.
1178 A hypothec which secures payment of an annuity is
purged by a forced sale.
At collocation, any subsequent creditor is entitled to the
proceeds of the sale, provided he furnishes sufficient security
for the continued payment of the annuity.
Failure to provide this security entitles the creditor,
according to his rank, to receive the capital value of the
annuity on the day of collocation.
1179 The capital value of an annuity may be demanded if the
debtor does not furnish or maintain the security promised, or
if he becomes insolvent or is declared bankrupt.
1180 An annuity is estimated at an amount sufficient to
acquire from an authorized insurer an annuity of the same
value.
This provision is imperative.
1181 In the absence of agreement, the value of the annuity is
determined by the court upon motion.
1182 The debtor may appoint an authorized insurer in his

528 OBLIGATIONS
place provided he pays him the price of an annuity of the same
value.
The same applies to the owner of an immoveable
affected by an annuity.
These provisions are imperative.
1183 If the creditor does not agree, the debtor may apply to
the court by motion.
If the judgment authorizes the substitution, it discharges
the debtor who has paid the required price, obliges the insurer
towards the creditor, and entails extinction of any hypothec
securing payment of the annuity.
1184 The creditor may be other than a party to the contract or
the annuitant.
1185 Designations and revocations of creditors are subject to
the rules governing stipulations in favour of another.
1186 However, designations and revocations of creditors
under annuities issued by insurers or under retirement pension
plans are governed, mutatis mutandis, by Articles 2500 and
2540 to 2560.
Section II
Special provisions governing life annuities
1187 A life annuity is one whose duration is limited to the
lifetime of a person called the annuitant.
Its duration may also be limited to the lifetime of several
annuitants.
1188 A life annuity in favour of a person who was dead or did
not yet exist on the day it was_c_reaied js null.

OBLIGATIONS 529
1189 A life annuity in favour of several persons successively
has effect only if the first of these persons was in existence on
the day the annuity was created.
It terminates, however, as soon as none of the persons
contemplated are living, and not later than ninety-nine years
after it is created.
1190 When payment of an annuity is to continue after the
death of the last annuitant, the duration of the annuity may
not for this reason exceed ninety-nine years.
1191 A loan as to capital is presumed an annuity on the life of
the lender.
1192 A life annuity payable to consorts is presumed revertible
in favour of the surviving consort.
1193 Arrears, unless they are stipulated to be payable in
advance, accrue to the creditor in proportion to the number of
days that the annuitant has lived.
1194 Subject to Article 1190, a creditor may demand arrears
only if he proves that the annuitant is living.
Section III
Special provisions governing term annuities
1195 A term annuity is one whose duration does not depend
on the existence of one or more persons.
1196 The duration of a term annuity is in all cases limited or
reduced to ninety-nine years.
This provision is imperative.

530 OBLIGATIONS
CHAPTER XVII
GAMING AND WAGERING CONTRACTS
1197 Gaming and wagering contracts are valid only in cases
expressly authorized by law.
1198 In other cases, the winner may not claim payment of the
debt and the loser may not obtain restitution of what he has
paid.
However, the court may allow restitution of part of the
amount paid, if it appears excessive.
CHAPTER XVIII
SETTLEMENTS
1199 A settlement is a contract by which the parties prevent
or terminate a dispute, or terminate a lawsuit, by means of
concessions or reservations made by one or more of them.
1200 Error of law is not a cause of nullity of a settlement.
1201 A settlement based on a title that is null is also null,
unless the parties have made specific reference to the nullity.
1202 A settlement based on a writing later found to be false is
null.
1203 A settlement upon a lawsuit may be annulled upon
application by a party who was unaware that the litigation
had been terminated by a judgment, whether or not that
judgment was final.
1204 When the parties have made a settlement upon all the
matters between them, the subsequent discovery of any
document is not a cause of nullitv of the settlement, unless one

OBLIGATIONS 531
of the parties or, with his knowledge, a third party has
withheld the document.
The settlement may be annulled, however, when it
relates to only one object and when the document later
discovered proves that one of the parties had no right to it.
1205 Errors resulting from inadvertance, particularly errors
of calculation or clerical errors, may be corrected by a
declaratory judgment.
CHAPTER XIX
ARBITRATION
Section I
General provisions
1206 Arbitration is a contract by which the parties undertake
to submit an existing or an eventual dispute to the decision of
one or several arbitrators, to the exclusion of the courts.
1207 However, disputes concerning separations between
consorts, custody of children, the status and capacity of
persons, or anything affecting public order may not be
submitted to arbitration.
1208 Arbitration must be evidenced in writing.
1209 A stipulation which confers a privileged position on one
party with respect to the appointment of the arbitrators is
without effect.
1210 The court must dismiss any action brought before it if
the dispute is the object of an arbitration agreement.

532 OBLIGATIONS
Section II
Arbitration procedure
§ - 1 Appointment of arbitrators
1211 A party who intends to take a dispute before the
arbitration tribunal must notify the opposing party and
specify the object of the dispute.
If the agreement makes no provision for it, the notice
names the arbitrator chosen by the party, or determines a
reasonable period of time for the appointment of a sole
arbitrator.
1212 Notice may be served by registered or certified mail.
1213 Service of the notice interrupts prescription.
1214 The constitution of the arbitration tribunal results from
the arbitration agreement or from a subsequent agreement.
If the parties cannot agree, each appoints one arbitrator.
If an even number of arbitrators is so appointed, they
appoint another person who acts as president.
1215 When the parties or the arbitrators fail to make the
appointment, it is made by the court, upon motion by one of
the parties.
1216 The "judge" or the "court" is the judge or court
competent to decide as to the object of the dispute entrusted to
the arbitration tribunal.
1217 A person who appointed an arbitrator who is prevented
from fulfilling his duties may replace him.

OBLIGATIONS 533
1218 An arbitrator may not be dismissed except with the
consent of the parties.
1219 An arbitrator may not relinquish his duties without
serious reason, once arbitration has begun.
1220 An arbitrator may be recused only for a ground of
recusation applicable to a judge.
The recusation is applied for by motion.
1221 The arbitration tribunal may order each party to furnish,
within a fixed period, a written statement of his claims
and the documents which he invokes.
It must hear the parties and receive their evidence, or, if
they offer none, record their default.
It determines the procedure unless the parties have
otherwise determined it.
1222 Witnesses are summoned in accordance with Articles
280 to 283 of the Code of Civil Procedure.
An arbitrator may swear witnesses.
When a witness fails to appear, a party or the arbitrator
may request the judge to compel him to do so under Article
284 of the Code of Civil Procedure.
1223 The articles of the Code of Civil Procedure respecting
continuance of suit apply to arbitration, unless they are
incompatible.
1224 The arbitrators are not obliged to decide according to
the rules of law, unless there is a stipulation to the contrary.
§ - 2 Arbitration award

534 OBLIGATIONS
1225 The arbitration tribunal may make provisional or
interlocutory awards.
1226 The arbitrators must render an award.
The award is made by a majority vote.
It must contain the reasons for the decision and be
signed by the arbitrators who endorse it.
If any arbitrator refuses to sign the award or is incapable
of doing so, the others must record this.
1227 The arbitration award must be made within the period
of time fixed or extended by the parties, unless the court, upon
motion by one of the parties or by the arbitrators, has
extended the period of time.
The work of the arbitrators ends if the award is not
made within the period provided for, without prejudice to any
recourse in damages against them.
1228 In the case of the preceding article, the parties must
submit the dispute to a new arbitration tribunal.
The same applies to cases of annulment of an arbitration
award.
1229 The periods for prescription of judgments apply to
arbitration awards.
1230 The arbitration tribunal sends each party a copy of the
arbitration award by registered or certified mail.
1231 The parties are bound by the arbitration award.
1232 The parties must execute the arbitration award within
fifteen days after it is received.

OBLIGATIONS 535
1233 Once the period of time has elapsed, any interested
party may apply to the court, by motion, for homologation of
the award.
Section III
Motion for homologation or for annulment
1234 A party may apply for annulment of the award only by
motion or in opposition to a motion for homologation, and
only if:
1. the arbitration agreement is not valid;
2. the arbitration tribunal has been irregularly
constituted;
3. the parties were unable to assert their rights and means;
4. the arbitration tribunal has exceeded its jurisdiction or
its powers;
5. the arbitration award does not contain the reasons for
the decision or it contains contradictory dispositions;
6. the arbitration award is contrary to public order;
7. there has been fraud;
8. the arbitration award is based on evidence acknowledged
to be false by all the parties or declared
false by a judgment possessing force ofres judicata;
9. there has been an error of law when the arbitrators were
required to decide according to the rules of law.
1235 if one disposition of the arbitration award constitutes
the sole ground for annulment, it alone is annulled if it can be
severed from the rest of the award.
1236 The court seized of a motion for homologation or
annulment may not examine the substance of the dispute.

536 OBLIGATIONS
1237 The court may also, even proprio motu, permit the
arbitration tribunal to amend or complete its decision when:
1. new evidence that could modify the decision is discovered
after the arbitration award, and that evidence could
not have been discovered in time;
2. the arbitration award contains errors resulting from
inadvertance, particularly errors in writing or in
calculation;
3. the arbitration award grants more than was requested;
4. the award fails to adjudicate on part of the application.
1238 No appeal lies from any judgment for homologation or
annulment of an arbitration award.
1239 Once homologated, the arbitration award is executory in
accordance with the provisions of the Code of Civil Procedure
governing compulsory execution of judgments.

BOOK SIX
EVIDENCE

EVIDENCE 539
CHAPTER I
GENERAL PROVISIONS
1 Every person who asserts a right must prove the facts
giving rise to it.
On the other hand, the party setting up the nullity,
modification or extinction of the right must prove the facts
upon which he relies.
2 No person need prove his good faith unless expressly
required by law.
3 Evidence is sufficient if it renders the existence of a fact
more probable than its non-existence.
4 Proof may be made of any fact relevant to the issues.
5 The court, however, may reject any evidence obtained
illegally if the gravity of the offence so warrants.
6 The court may also declare inadmissible the proof of
any relevant fact of doubtful importance, if the proof is likely
to confuse the issues or cause serious prejudice to the opposite
party.
7 No proof is required of a fact which the court must
notice judicially.
8 In particular, judicial notice must be taken of the law in
force in Quebec and of any fact so notorious as not to give rise
to reasonable dispute.
9 Judicial notice must also be taken of the law of the other
provinces or territories of Canada provided it has been
pleaded.

540 EVIDENCE
The court may, however, require that proof be made of
such law.
10 The court need not take judicial notice of the law of a
foreign State.
It may do so if such law has been pleaded.
11 Where the applicable law has not been pleaded or its
content cannot be determined in accordance with the two
preceding articles, the court applies the internal law in force in
Quebec.
CHAPTER II
HOW PROOF IS MADE
12 Proof may be made by writings, by testimony, by
presumptions or by admissions, according to the rules set
down in this chapter, and in the manner provided in the Code
of Civil Procedure.
Section I
Proof by writings
§ - 1 Copies of statutes
13 Copies of statutes which have been or are in force in
Canada, attested to by a competent public officer or printed by
a duly authorized printer, make proof of the existence and
content of such statutes; neither the signature or the seal
appended thereto, nor the quality of the officer or printer, need
be proven.
§ - 2 Authentic writings
14 An authentic writing is one received before or attested to

EVIDENCE 541
by a competent public officer, under the laws of Quebec or of
Canada, with the formalities required by law.
15 The following documents, in particular, are authentic
provided they fulfil the requirements of the preceding article:
1. official documents issued by the government of Canada
or of Quebec, such as letters patent, orders in council,
commissions and proclamations;
2. records and official documents of the Parliament of
Canada and of the Legislature of Quebec;
3. records of the courts of justice which have jurisdiction in
Quebec;
4. records of municipal, school and parish corporations in
Quebec;
5. records of a public nature which the law requires be kept
by public officers;
6. notarial instruments;
7. official copies of and extracts from the foregoing
documents.
16 A writing which appears to comply with Article 14 is
presumed authentic.
17 In an authentic writing, the assertion of a fact which it
was the public officer's duty to note makes proof against all
persons.
18 An act of civil status makes proof against all persons of
the facts it mentions.
19 A notarial instrument makes proof against all persons of
the juridical act which it sets forth and of the declarations of
the parties directly related to the act.
20 An authentic copy of a document makes proof against
all persons that it complies with the original, which it replaces.

542 EVIDENCE
21 The following are authentic:
La copy of the original of an authentic writing, attested to
by the public officer who is its legal depositary;
2. if the original of an authentic writing is lost, a copy of an
authentic copy of such writing, attested to by the public
officer who by judicial order is its legal depositary;
3. a copy of a registered document, even a writing under
private signature, attested to by the Registrar, when the
original is lost or in the possession of the opposite party
or a third party, without collusion on the part of the
person who invokes it.
22 A duly certified extract which textually reproduces part
of an authentic writing is authentic, provided it indicates the
date of the original, the place where the original was drawn
up, its nature, the names of the parties if need be, and the
name of the public officer who drew up the writing.
23 Only those assertions of fact which the public officer had
the duty to note need be contested by improbation.
In particular, improbation is not required to contest the
quality or the signature of the public officer, or the competence
of the witnesses.
§ - 3 Semi-authentic writings
24 A writing ostensibly issued by a competent foreign
public officer makes proof of its content against all persons;
neither the quality nor the signature of the officer need be
proven.
25 A copy, ostensibly issued by a competent foreign public
officer, of a document of which he is the depositary, also
makes proof against all persons that it conforms to the
original, which it replaces.
26 A power of attorney made under private signature

EVIDENCE 543
outside Quebec, in the presence of one witness, makes proof
against all persons if accompanied by a solemn or sworn
declaration signed by the witness to the effect that he knows
the signatory and saw him sign.
27 The documents mentioned in the three preceding articles
may be filed with a notary to enable him to issue copies.
The copies make proof that they conform to the document
filed, which they replace.
28 If the documents mentioned in Articles 24, 25 and 26
have been regularly denied in accordance with the Code of
Civil Procedure, the person who invokes them must prove
them.
§ - 4 Private writings
29 A private writing is one setting forth a juridical act; it is
signed by the parties to the act and is not governed by any
formalities.
30 Signature is the affixing by a person of his name or of
any mark by which he shows his consent.
31 The signature of one person may, with his authority, be
affixed by another.
32 A private writing must be proven by the party invoking
it.
However, a writing set up against a person who appears
to have signed it, or against his heirs, is presumed admitted
unless it has been denied in accordance with the Code of Civil
Procedure.
33 A private writing makes proof, with respect to those
against whom it is proven, of the juridical act which it sets

544 EVIDENCE
forth, and of the declarations of the parties directly related to
the act.
34 A private writing does not make proof of its date against
third parties, but the date may be established against them by
any means.
However, writings which relate to acts repeated in the
course of a regular activity are presumed to have been made
on the date they bear.
§ - 5 Unsigned writings, private registers and papers
35 An unsigned writing which is not the draft of an
instrument makes proof against its author.
36 Except in the cases provided for in Articles 42, 43 and
44, private registers and papers make no proof in favour of the
person who drew them up; they make proof against him.
37 A release, even unsigned and undated, made by a
creditor on the title of his debt makes proof against him.
38 Anyone who invokes a writing mentioned in Articles 35,
36 and 37 must prove that it originates from the person
against whom it is set up.
39 The writings mentioned in Articles 35, 36 and 37 may
be contested by any means.
Section II
Testimony
40 Testimony is a statement by which a person asserts facts
of which he has personal knowledge.
A statement by which an expert gives his opinion is also
testimony.

EVIDENCE 545
41 To make proof, testimony must be given by deposition
in the course of the action in accordance with the Code of Civil
Procedure, unless the parties otherwise agree or the law makes
special provision to the contrary.
42 A statement made by a person who does not appear as a
witness, concerning facts to which that person could legally
have testified, may by leave of the court be proven and offered
in evidence, provided:
1. application has been made in accordance with the Code
of Civil Procedure after notice to the opposite party;
2. the circumstances surrounding the statement provide
sound reason to judge it reliable;
3. it is impossible, in all the circumstances of the case, for
such person to appear as a witness.
43 Nevertheless, where a statement was made in the course
of a regular activity and recorded in a register kept especially
for that purpose, it need not be shown that the person who
made it cannot appear as a witness, provided the circumstances
give reason to presume that the register faithfully
reproduces the statement.
44 Previous statements by a person who appears as a
witness, regarding facts to which he can legally testify, are
admissible as testimony, provided there is sound reason to
judge them reliable in the light of the circumstances under
which they are made.
However, subject to the following article, no statement
given in another proceeding is admissible without the consent
of the opposite party.
45 When a party is allowed to prove that a witness made a
previous statement inconsistent with his present testimony,
that statement is also testimony.

546 EVIDENCE
46 A statement made in a writing must be proven by filing
the writing.
No other statement may be proven, except by the
testimony of the person who made it or of those who had
personal knowledge of it, saving the exceptions contained in
the two following articles.
47 A statement recorded on magnetic tape or by other
appropriate technical means may be proven by such means,
provided the reliability of the recording be separately proven.
48 A statement reduced to writing by someone other than
the declarant may be proven by filing the writing in the
following cases:
1. when the declarant has acknowledged that the writing
reproduces his statement faithfully;
2. when the writing has been drawn up either at the
request of the declarant or by a person acting in the
performance of his duties, and the circumstances give
reason to presume that the writing faithfully reproduces
the statement.
49 A person who makes a statement which is admissible
under Article 42 may be impeached in the same way as a
witness.
50 The probative value of testimony is left to the discretion
of the court.
Section III
Presumptions
51 A presumption is an inference which the law or the court
makes from a known fact to one which is unknown.

EVIDENCE 547
52 A legal presumption is one specifically attached by law
to certain facts.
It exempts the person in whose favour it exists from
making other proof; some presumptions are simple and may
be rebutted by proof to the contrary, while others are absolute
and irrebuttable.
53 In this Code, the expression "is deemed" implies an
absolute presumption; the expression "is presumed" implies
a simple presumption.
54 Unless the law has reserved the right to make proof to
the contrary, no proof is admitted to rebut a legal presumption
by which the law annuls certain acts or disallows a suit.
However, a judicial admission may be admitted to rebut
a legal presumption which is not of public order.
55 The authority of a final judgment is an absolute
presumption.
It applies only to what was the object of the judgment,
when the demand is founded on the same cause and is
between the same parties acting in the same capacities, and
the thing applied for is the same.
56 Presumptions not established by law are left to the
discretion of the court.
Section IV
Admissions
57 An admission is the recognition of a fact which may
produce legal consequences against the person who makes it.
58 An admission may be express or implied.
mmm

548 EVIDENCE
59 No admission may be inferred from mere silence, except
in the cases provided by law.
60 A judicial admission is one made in the course of the
action in which it is invoked; any other admission is
extrajudicial.
61 An admission made by a mandatary in the course of his
mandate and within the limits of his powers or relating to his
management may be set up against the mandator.
After the mandate expires, the mandatary may be called
upon to testify to any facts he became aware of in that
quality; his testimony may then be treated as an admission or
a commencement of proof against the mandator.
62 No admission may be divided against the person who
makes it.
It may, however, be divided:
1. when it contains facts foreign to the issues;
2. when that part of the admission objected to is improbable,
or is invalidated by indications of bad faith or by
evidence to the contrary;
3. when the facts contained in the admission have no
connection with each other.
63 An extrajudicial admission is proven by any means
admissible to prove the fact which is its object.
64 A judicial admission by the opposite party or by his
mandatary authorized for that purpose makes complete proof
against him.
It may not be revoked, unless proven to have been based
on an error of fact.
The probative value of any other admission, even
judicial, is left to the discr

EVIDENCE 549
CHAPTER III
ADMISSIBILITY OF MEANS OF PROOF
65 All means of proof are admissible, subject to express
provision of law.
66 Between the parties to it, no juridical act whose object
has a value of more than four hundred dollars may be proven
by testimony.
67 Article 66 does not apply:
1. when proof is to be made against a person of a juridical
act entered into by him in the course or for the purpose
of a commercial or other enterprise;
2. when it has been physically or morally impossible to
obtain proof in writing;
3. when the claimant establishes that, in good faith the
proof of which lies upon him, he cannot produce the
written proof;
4. when there is a commencement of proof which makes
the alleged juridical act appear probable.
68 Commencement of proof may arise from a writing
originating from the opposite party, or from his testimony.
It may also arise from any fact which has been clearly
established.
69 Between the parties, unless there is a commencement of
proof, no testimony is admissible to contradict or vary the
terms of a writing evidencing a juridical act.

550 EVIDENCE
70 Proof by testimony is admissible, however, to interpret
the writing or to impugn the validity of the juridical act
evidenced by it.
71 The original, or a copy which legally replaces it, must be
filed to prove:
1. any juridical act evidenced by a writing;
2. the content of a writing.
72 Nevertheless, when a party establishes that, in good
faith the proof of which lies upon him, he cannot produce the
original of the writing or any copy which replaces it, he may
make proof by any means.
73 The court may not proprio motu invoke the rules
provided in this chapter when a party who is present or duly
represented has failed to do so.

BOOK SEVEN
PRESCRIPTION

PRESCRIPTION 553
TITLE ONE
PRESCRIPTION IN GENERAL
CHAPTER I
GENERAL PROVISIONS
1 Prescription is a means of acquiring or of being released
by the passage of time and according to the conditions
established by law.
There are two kinds of prescription: acquisitive prescription
and extinctive prescription.
2 The court may not proprio motu invoke the rules relating
to prescription except in the case of extinctive prescription of
personal rights.
3 Prescription is accomplished when the last day of the
term has expired; the day on which it begins is not counted, if
it is not a full day.
4 A ground conducive to defeating a principal action may
always be invoked, even when the time for making use of it by
direct action has expired, provided it could have constituted a
valid defence to the action when it could still support a direct
action.
Maintenance of the ground so set up in defence does not
revive the prescribed direct action.

554 PRESCRIPTION
CHAPTER II
RENUNCIATION OF PRESCRIPTION
5 Prescription may not be renounced in advance.
Prescription which has been acquired may be renounced;
the same applies to the benefit of the time elapsed
by which prescription is begun.
6 No prescriptive period other than that provided by law
may be agreed upon.
7 Renunciation of prescription is either express or tacit.
Tacit renunciation results from an act which implies
abandonment of the right acquired.
8 A person who cannot alienate may not renounce any
prescription acquired.
9 Any person who has an interest in the acquisition of
prescription may set it up, even if the debtor or the possessor
renounces it.
CHAPTER III
SUSPENSION OF PRESCRIPTION
10 Prescription has effect in favour of or against all persons,
including the Crown, subject to express provision of law.
11 Prescription does not run against persons if it is impossible
in fact for them to act by themselves or to be represented
by others.
12 Prescription does not run against children yet unborn,
minors or persons of major age under tutorship with respect to
claims they have against their legal representatives.

PRESCRIPTION 555
13. Prescription does not run against a beneficiary heir with
respect to claims he has against the succession.
14 Suspension of prescription of solidary and of indivisible
debts is subject to the rules governing interruption of prescription
of those debts.
CHAPTER IV
INTERRUPTION OF PRESCRIPTION
15 Prescription may be interrupted naturally or civilly.
16 Acquisitive prescription is interrupted naturally when
the possessor is deprived of the enjoyment of a thing, for more
than one year, by the owner or by a third party.
17 Extinctive prescription is interrupted naturally when a
person vested with a dismemberment of ownership, having
failed to avail himself of it, performs an act in the exercise of
that right.
18 Civil interruption may be judicial or extrajudicial.
19 Deposit of a j udicial demand, before expiry of the period
of prescription, in the office of the court constitutes a civil
interruption, provided the demand is served, in accordance
with the Code of Civil Procedure, on the person to be
prevented from prescribing, not later than sixty days following
expiry of the period for prescription.
20 Any application to allow a creditor to participate in a
distribution of money provided for by law also interrupts
prescription.
21 Interruption is deemed never to have occurred if the
proceedings are dismissed, withdrawn, perempted, or discontinued
for a period of fifteen years.

556 PRESCRIPTION
However, when the proceedings are dismissed without a
decision having been made as to the substance of the matter,
and on the day of the judgment, the period for prescription
has expired or will expire in less than six months, the holder of
the right has six months from the judgment, in which to claim
his right.
The same applies in matters of arbitration; the sixmonth
period then runs from the time the award is made, the
end of arbitration, or the judgment annulling the award.
22 Interruption which results from a judicial demand
continues until final judgment or, as the case may be, until the
settlement between the parties.
The interruption has effect with regard to all parties for
any right which arises from the same source.
23 A judicial demand against a principal debtor or against
a surety interrupts prescription as regards both.
No other act of interruption by a principal debtor or by
a surety affects the other unless he consents to it.
24 Acknowledgement of a right interrupts prescription.
The same applies to renunciation of the benefit of a
period which has elapsed.
25 Interruption with regard to one of the creditors or
debtors of a solidary or indivisible obligation has effect with
regard to the others.
26 Interruption with regard to one of the joint creditors or
debtors of a divisible obligation has no effect with regard to
the others.
27 Interruption with regard to one of the coheirs of a
solidary creditor or debtor of a divisible obligation has effect

PRESCRIPTION 557
with regard to the other solidary creditors or debtors only as
regards that heir's portion.
28 Following renunciation or interruption, prescription
begins to run again for the same period, except as regards the
ten-year acquisitive prescription which is then complete only
after twenty-five years.
29 A judgment constitutes a title which is prescribed by
twenty-five years, even when the right so sanctioned is
prescribed by a different period.

PRESCRIPTION 559
TITLE TWO
ACQUISITIVE PRESCRIPTION
CHAPTER I
GENERAL PROVISIONS
30 Acquisitive prescription is a means of acquiring ownership
or its dismemberments through the effect of possession.
31 Things which are not objects of trade cannot be
prescribed.
32 Acquisitive prescription of servitudes is possible only
with respect to immoveable property the ownership of which
may be acquired in this manner.
CHAPTER II
CONDITIONS REQUIRED FOR ACQUISITIVE
PRESCRIPTION
33 Acquisitive prescription requires possession in accordance
with the conditions laid down in the Book on Property.
34 A successor by particular title may join his possession to
that of his predecessors in order to complete prescription.
A universal successor or a successor by general title
continues the possession of his predecessor.
35 Detention may not be the basis for prescription, even if
it extends beyond the term agreed upon.
The universal successor or the successor by general title
of a holder may not prescribe.

560 PRESCRIPTION
36 A precarious title may be intervened either by a new
non-precarious title provided by the owner or by a third party,
or by an act performed by the holder which is incompatible
with precarious holding.
Interversion renders the possession available for prescription
only from the time when the owner has knowledge of
the new title or of the act of the holder.
37 Third parties may prescribe against the owner during
dismemberment or precarious holding.
38 A person who has been put in possession may not begin
to prescribe until the absentee returns or his death becomes
known, is legally presumed or judicially declared.
39 The institute and his universal successors or successors
by general title may not prescribe against the substitute before
the substitution opens.
Before the right opens, prescription runs against the
substitute in favour of third parties.
The substitute, against whom that prescription runs,
may avail himself of an action in interruption.
Possession by the institute benefits the substitute for
prescription.
Prescription runs against the institute during his possession
and in his favour against third parties.
When a substitution opens, there is interversion of title
in favour of the institute and of his universal successors or his
successors by general title, who may begin to prescribe from
that time.

PRESCRIPTION 561
CHAPTER III
PERIODS FOR ACQUISITIVE PRESCRIPTION
40 The period for acquisitive prescription is twenty-five
years, except as otherwise fixed by law.
41 In matters of immoveable property, the period for
prescription is ten years, provided the possessor has acquired
in good faith and by translatory title.
42 A subsequent acquirer need merely have been in good
faith at the time of the acquisition, even when his effective
possession began later.
The same applies when there is joinder of possession
with respect to each previous acquirer.
43 A title which is absolutely null may not serve as a basis
for the ten-year prescription.
44 When the ten-year prescription can run, every new
acquirer of an immoveable affected by a servitude, charge or
hypothec may be compelled to furnish a new title at his own
expense.
45 The possessor in good faith of moveable property
acquires the ownership of it by three years running from the
loss of possession.
As long as this period has not expired, the owner may
revendicate the moveable property, unless it has been acquired
under the authority of justice.
The owner who has revendicated the moveable property
need not reimburse the price paid by the possessor.

PRESCRIPTION 563
TITLE THREE
EXTINCTIVE PRESCRIPTION
46 Extinctive prescription is a means of extinguishing a
right which has not been exercised for a period of time fixed by
law.
47 An action respecting the status of a person may not be
prescribed, subject to express provision of law.
48 Principal real rights, save the right of ownership, are
prescribed by ten years.
49 Personal rights are prescribed by three years.
50 The period for prescription runs from the day when the
right of action arises.
51 When the damage appears progressively, the period
runs from the day when the damage appears for the first time.
However, the right of action lapses after ten years
following the act which caused the damage.
52 Prescription is not hindered by a continuation of
services, work, sales or supplies, provided there has been no
acknowledgment or other cause of interruption.
53 In an action in nullity of contract, the period runs, in the
case of fraud or error, from the day it is discovered and, in the
case of violence or fear, from the day it ceases.
However, the right of action lapses after ten years
following the conclusion of the contract.
54 A holder may not free himself from the prestation
attached to his detention; the amount may be prescribed,
however, as may the arrears.

BOOK EIGHT
PUBLICATION OF RIGHTS

PUBLICATION OF RIGHTS 567
CHAPTER I
PRELIMINARY PROVISIONS
1 Publication of rights allows them to be set up against
third parties, determines their rank and, when required by
law, gives effect to them.
2 Notice given or knowledge acquired of an unpublished
right can never compensate for failure to publish, and cannot
prejudice the rights of third parties.
3 A published right is deemed to be known by any person
who acquires or publishes a right on the same property.
4 Failure to publish may be set up by any interested
person against any other person, even one placed under a
regime of protection, and against the Crown.
5 Any restriction on the right to publish a right subject to
the formality of publication, and any penal clause related to it,
are without effect.
CHAPTER II
SCOPE OF PUBLICATION
6 The acquisition, constitution, extinction and transfer of
any immoveable right, and any modality concerning them,
are subject to the formality of publication.
Those which relate to moveable rights are subject to
publication only to the extent permitted or required by law.
7 Minutes determining boundaries and, where applicable,
judgments homologating those minutes are subject to the
formality of publication.

568 PUBLICATION OF RIGHTS
8 The right of municipal and school corporations to have
immoveable property sold for taxes is not subject to the
formality of publication by registration, saving the provisions
governing the exercise of that right.
9 Immoveable rights acquired by prescription are subject
to the formality of publication.
They are published by registering the judgment which
recognizes them.
10 A judgment pronouncing the nullity, resolution, revocation,
resiliation or extinction of a published immoveable right
is subject to the formality of publication.
11 A substitution is subject to the formality of publication.
It has no effect with respect to property acquired by
replacement of substituted property, unless mention is made
of this in the act of acquisition, and unless the act is published.
Publication of a substitution in no way affects the rights
of any third parties who have published the rights they hold
from the institute by virtue of an act by onerous title.
12 A servitude constituted by destination of the owner
before this Code comes into force is not subject to the
formality of publication.
13 Acceptance of a succession under benefit of inventory
has no effect unless it is published.
Renunciation of a succession, a legacy, a community of
property or a partnership of acquests is subject to the
formality of publication.
The publications mentioned in the preceding paragraphs
must be made in the central register of personal and
moveable rights, even where they are also to be published in

PUBLICATION OF RIGHTS 569
the office of the registration division where the immoveable
property concerned is situated.
14 A declaration of family residence is without effect, either
between the consorts or with respect to third parties, unless it
is published.
15 Deposit of a plan in the registry office, under the law
which requires it, is equivalent to publication of the plan,
provided this is mentioned on the index of immoveables
concerned.
The preceding paragraph does not apply to the deposit
of plans contemplated in Articles 65, 72, 73, 74, 75 and 77, in
the Registration Act and in the Cadastre Act.
In all cases, however, including where minutes determining
boundaries are homologated by the court, deposit of a
plan has no effect unless the plan bears the certificate of the
Minister of Lands and Forests.
CHAPTER III
PRENOTATION
16 Prenotation is the advance publication either of an
immoveable right, even before it arises or is acquired, or of the
extinction of an immoveable right before it is extinguished, or
the publication either of a judicial action respecting immoveable
property, or of a hypothecary action, in the manner
provided for by law.
17 Prenotation may be used, in particular, with respect to:
1. a suit concerning an immoveable right;
2. a moveable or immoveable hypothecary action;
3. the acquisition, constitution, extinction or transfer of
any immoveable right;

570 PUBLICATION OF RIGHTS
4. a modification of an immoveable right or of its rank;
5. an immoveable right resulting from a succession, in
accordance with the following article.
18 An interested person who, without negligence or participation,
is unable to publish a right resulting from a succession,
including a testamentary hypothec, by reason of concealment,
suppression, contestation of a will or any other obstacle, may
request the court, by motion, to authorize prenotation of the
right.
19 Prenotation may be effected only by deposit either of an
act to which the holder of the right concerned by the
prenotation has consented or of a court order, obtained on
motion, authorizing prenotation.
However, prenotation of a hypothecary action is effected
upon deposit of a notice of the action, without previous
consent or authorization.
20 The court may authorize prenotation when the person
applying for it seems to be entitled to it and when the court
deems it necessary to ensure publicity of the right or of the
action, even before judgment is rendered on the merits or
before any act has been passed between the parties concerned.
However, the plaintiff need not prove that the right to
publish would be imperilled without prenotation.
21 An immoveable right or the extinction of an immoveable
right, which was the object of a prenotation, is
deemed published from the time of the prenotation, provided
the right or the extinction is published within three months
following the prenotation.
If publication is not effected within three months, the
prenotation has no effect and the Registrar cancels it proprio
motu.

PUBLICATION OF RIGHTS 571
22 The following definitive judgments are also deemed
published from prenotation:
1. in cases of suits, if the judgment is published within
three months after it was rendered;
2. in the case contemplated in Article 18, if the judgment is
published within three months following the definitive
judgment or following removal of the obstacle and, at
the latest, within three years after the succession opened,
except, with respect to this last period, in cases where a
will is judicially contested.
23 An act or judgment allowing prenotation may provide
for a period shorter than that specified in Articles 21 and 22.
24 There cannot be prenotation in matters of successions
which have not opened.
25 Prenotation of a hypothec must indicate the amount of
it.
CHAPTER IV
MODALITIES OF PUBLICATION
Section I
Preliminary conditions for publication
26 To be acceptable for publication, deeds and memorials
of deeds of acquisition, constitution, extinction and transmission
of an immoveable right, except wills, discharges and
deeds of hypothec mentioned in the second paragraph of
Article 314 of the Book on Property, must be made in
authentic form.
All other documents and, in particular, leases, proxies,

572 PUBLICATION OF RIGHTS
minutes of meetings of legal persons and notices are not
subject to the foregoing paragraph.
27 The notary who receives an act respecting a publishable
right must certify that he has, with prudence and diligence,
verified the identity, quality and capacity of the parties, as well
as the validity of the act.
The same applies to the land-surveyor with respect to
the deeds that he prepares.
28 A document presented for publication, unless it is in
authentic form, must be accompanied by a declaration signed
by a notary or a lawyer and certifying that he has, with
prudence and diligence, verified the identity, quality and
capacity of the parties, as well as the validity of the document.
Section II
Mechanism of publication
§ - 1 General provisions
29 Publication of rights is effected by registration, except as
otherwise expressly provided by law.
30 Any person, even if he is under a protective regime, may
demand publication for himself or for another.
31 Rights respecting an immoveable or an immoveable
right are published at the office of the registration division
where the immoveable is located.
32 Any other publication by registration is effected at the
central register of personal and moveable rights.
33 Registration is made by the deposit of the document in
extenso, or of an extract if it is authentic, or of a memorial
made of it.

PUBLICATION OF RIGHTS 573
§ - 2 Registration by deposit of documents in extenso or
of extracts
34 When the law requires notarial form, instruments so
drawn up, and minutes determining boundaries, are registered
by depositing them in extenso or by depositing an authenticextract
from them.
An act of renunciation of rights is also registered by
depositing it in extenso or by depositing an extract from it.
§ - 3 Registration by deposit of a memorial
35 All other documents may be registered by depositing a
memorial.
36 Where the law requires that registration be made by
depositing the document in extenso, the court, on motion
under Book Six of the Code of Civil Procedure, may allow
registration by deposit of a memorial, if it decides that this is
in the best interest of the parties, and especially where rights
have lapsed or are extinguished.
37 A memorial is a summary of the document to be
published.
It mentions:
1. the date and the place where it is made;
2. the date of the document it summarizes and the place
where that document was made;
3. the name of the notary who received it, if it is in notarial
form;
4. the names of the witnesses who have attested to it, if it is
by private writing;
5. the name of the court which rendered it, where
applicable;

574 PUBLICATION OF RIGHTS
6. the name of the land-surveyor, where applicable;
7. the nature of the document which the memorial
summarizes;
8. a designation of the creditors, debtors or other parties
mentioned in the document summarized, and of the
person by whom the memorial is signed;
9. a designation of the property affected by the right
published;
10. the nature of the rights to be published and, if they relate
to a debt in money, the amount due, the rate of interest,
and costs, if any.
If the rate of interest is not specified, registration by
deposit of a memorial reserves no right to interest beyond the
legal rate.
38 A memorial may be prepared by any interested person.
It is made before a notary by an instrument en minute or
en brevet or, subject to Article 26, by a private writing before
two witnesses.
A memorial which is not prepared before a notary may
not contain the lot number given on the plan and in the book
of reference, unless the number is given in the document.
39 One memorial suffices whenever a right to be published
is attested to in several writings, without it being necessary to
designate the parties or the property more than once.
40 The same applies where one person has several obligations,
titles or rights upon one or more properties in favour
of the same creditor or acquirer, and in the case of several
successive titles transferring the same property.
§ - 4 Registration procedure
41 Only one original or one copy of the document to be
registered is submitted.

PUBLICATION OF RIGHTS 575
If the document is an authentic act other than a notarial
instrument en brevet, one copy of it, or one authentic extract
from it, is submitted.
If it is a notarial instrument en brevet or a document
under private writing, an original is submitted.
42 A document under private writing must bear the signature
of the persons who made it or those of the parties to it,
and must be attested to by two witnesses under their
signatures.
43 A memorial is submitted for registration along with,
where applicable, an authentic copy or an original of the
document which it summarizes.
44 A document submitted for registration must be accompanied
by a schedule in the form and according to the rules
prescribed by the Registration Act, and by the other documents
required under that Act.
45 The schedule is signed by the person who requires the
registration, and contains the following information:
1. the name, address and identification number of each
party whose rights are so published or whose rights are
concerned;
2. a description or designation of the property concerned;
3. the nature of the right concerned and, where applicable,
an indication of whether it is a general or a floating
hypothec;
4. the amount, if any, of the obligation or of the hypothec;
5. the term for which the right is created or renewed, if
any;
6. the date of the document;
7. the name of the notary or of the land-surveyor and the

576 PUBLICATION OF RIGHTS
minute number, where applicable, if the instrument is in
authentic form;
8. the name of the court which rendered it and the file
number, where a judgment is concerned;
9. the registration number of any act affected by the
publication or the renewal, as the case may be.
46 The rights of an heir to the immoveable property of a
succession are published by registering a declaration and,
where applicable, the will.
47 The declaration contemplated in the preceding article
contains the following information:
l.the name of the deceased;
2. the date of death;
3. the name of each heir;
4. the quality of legatee or consort, as well as the degree of
relationship of each heir with the deceased;
5. the designation of the immoveable;
6. the rights of each heir on the immoveable.
48 Errors of omission or commission in documents submitted
for registration do not affect the validity of the registration
unless they bear on an essential provision which must be set
forth in the schedule, in a memorial or in a certificate of the
Registrar.
49 The Registrar receives the documents deposited for
registration; he dates them, enters in them the information
required by the Registration Act, and makes the copies
prescribed by that Act.
However, where registration is effected by memorial, he
makes no copy of the document summarized by the memorial.

PUBLICATION OF RIGHTS 577
After assuring himself that, according to the documents
produced, the person mentioned rightly becomes the holder of
the right in question, he mentions the documents in the
registers, indexes and books prescribed by law and returns the
documents submitted, bearing the certificate of registration, to
the person who required publication.
The schedule is retained in the archives by the Registrar.
50 Unless the court orders to the contrary, the Registrar
may not enter in the index of immoveables the schedule
accompanying a judicial decision, or any other act, until he
has made sure that the title of the grantor or of the last titleholder
is then published.
An exception to this rule is made where leases of
immoveables, hypothecs and rights acquired without title,
especially by prescription or accession, are published.
Publication made contrary to the first paragraph has no
effect until the title of the grantor or the title-holder is
published.
51 Unless he refuses to proceed with the registration
sought, the Registrar, on the day he receives the document
deposited, must enter the information contained in the
schedule prescribed by Article 45 in the index of immoveables
or in the central register of personal and moveable rights, as
the case may be, and make a special entry there indicating that
the registration certificate has not yet been issued.
He cancels this special entry as soon as the certificate is
issued.
52 Any right published before the issue of the certificate is
cancelled is subject to the rights covered in the documents
dealt with in the special entry.

578 PUBLICATION OF RIGHTS
53 If the Registrar refuses to issue the registration certificate,
the schedule, the indications in the index of immoveables
or in the central register of personal and moveable rights, as
the case may be, as well as the special entry, must be annulled
immediately following the expiry of fifteen days after a notice
to this effect is sent by the Registrar to the person who
required the registration.
54 The Registrar mentions the registration certificate on
the document deposited and, where applicable, in the document
summarized by the memorial; in the latter case, the
registration certificate bears the words: ^registered by
memorial".
55 The registration certificate mentions the date of registration
and the registration number with, where applicable, a
reference to the index of immoveables.
The certificate attests that the person whose name is
given in it holds the rights described there.
issue.
It is signed by the Registrar and bears the date of its
56 The Registrar, proprio motu, corrects any clerical errors
in the registers or on a certificate of registration.
57 Any interested person may, by motion, request the court
to correct or annul a registration certificate or any entry in the
register.
As soon as the definitive judgment is registered, the
Registrar issues a new certificate or corrects the entry.
The judgment correcting or annulling a certificate has
effect with regard to all persons.
58 Registration is complete only when the formalities

PUBLICATION OF RIGHTS 579
prescribed by Article 49 have been fulfilled and the registration
certificate has been issued.
59 The registration of any act of subrogation or of transfer
of a hypothecary claim must be mentioned in the margin of
the entry of the instrument creating the hypothec, with a
reference to the entry number of the act of subrogation or of
transfer.
60 The decisions made by the Registrar may be appealed in
the manner prescribed in the Registration Act.
§ - 5 Renewal of registration
61 Registration may be renewed, if need be, on application
by any person.
62 Registration is renewed by a new registration of the
document in question or by registration of a notice describing
the document, giving the date of its original registration, and
specifying the property affected.
The new registration number, or the registration number
of the notice, is mentioned in the margin of the original
registration, as well as in the index of immoveables or in the
central register of personal and moveable rights.
63 If the document was first registered in another registration
division and no copy of it has been sent to the registry
office of the new division, the notice of renewal must mention
the place where the document was first registered.
64 Registration by entry, in either the index of immoveables
or the central register of personal and moveable rights, as
the case may be, of any act by which a person has acknowledged
his indebtedness or assumed payment of a debt,
stands in lieu of renewal of registration of the hypothec.

580 PUBLICATION OF RIGHTS
Section III
Plans and books of reference
65 Once the plan and the book of reference have been
deposited in the registry office, and after the proclamation
required by the Registration Act, the number assigned to each
lot on the plan and in the book of reference becomes its sole
designation and suffices in any document.
Where a part of a lot is concerned, its measurements and
adjacent properties must also be mentioned.
66 If there is no such designation, the schedule may not be
entered in the index of immoveables, unless a notice is
registered indicating that the number on the plan and in the
book of reference and, in the case of part of a lot, the adjacent
properties, is that of the lot which is to be affected by the
registration.
67 If there is no plan and book of reference, the immoveable
must be described by indicating its adjacent
properties and, where applicable, by giving the name by
which it is known.
68 However, an alienation for rent or a right to cut timber
on public land is sufficiently described in any document if it is
designated as an alienation for rent, a timber limit or a cutting
license and if the public lands affected by that right are
described in the same manner as in the lease or in the license
in force.
69 The same applies to hunting or fishing rights and to
mining rights, if the immoveables affected by them are
designated in the same manner as in the document granting
them.
70 In the event of a subdivision or redivision, the number
given on the plan and in the book of reference to each lot for

PUBLICATION OF RIGHTS 581
the subdivision or redivision is its sole designation and suffices
in any document.
Articles 65, 66, 67, 68 and 69 apply to subdivision and
redivision lots.
71 When part only of a lot is subdivided, it is sufficient, for
the designation of that part which is not subdivided, to refer to
it as part of that lot.
72 Any person who subdivides land designated in the plan
and in the book of reference into lots must deposit a new plan
and book of reference, certified by the owner, in accordance
with the Registration Act.
The Registrar may not register any document relating to
the transfer of an immoveable which is not specifically
indicated on the plan and in the book of reference, except for
those registration divisions or parts of them designated by the
government in an order published in the Quebec Official
Gazette.
73 No declaration of condominium may be registered,
unless the immoveable concerned is indicated on the plan and
in the book of reference providing each exclusive part, and the
common parts, with a cadastral number identifying them.
74 A subdivision or part of a subdivision may always be
substituted for any subdivision or part of a subdivision
deposited by the owner or any other interested person by
depositing the plan and book of reference, as is provided in
Article 72.
75 The plan and book of reference for each redivision made
by an interested person and deposited at the office of the
Minister of Lands and Forests must be accompanied by a
certificate from the Registrar of that registration division,
indicating whether any immoveable right has been registered
against any of the lots included in the redivision.

582 PUBLICATION OF RIGHTS
The Minister must then cancel the former plan and book
of reference and send a copy, certified by him, of the plan and
book of reference of the new redivision to the Registrar who
must immediately return to the Minister the plan and book of
reference which the new ones replace.
76 The plan and book of reference for each subdivision or
redivision, deposited at the office of the Minister of Lands and
Forests under Articles 72, 73, 74 and 75, must be accompanied
by a concordance notice establishing a link between the
new and old cadastral designations.
The Minister sends this notice to the Registrar who
enters it in the index of immoveables, opposite the old and the
new lots.
77 Within six months after the date set by proclamation of
the government for the putting into force of Article 65, or
within six months after the subdivision or the redivision
mentioned in Articles 70, 72, 73 and 74 in any registration
division, or within six months after the Minister of Lands and
Forests replaces the plan and book of reference in accordance
with Article 75, the Registrar of the division concerned must
renew the publication of any right, including that of ownership,
affecting an immoveable located within that division.
Once the publication is renewed, the Registrar must
notify the holder of the rights as soon as possible, by registered
or certified mail.
78 During the six months provided in the preceding article,
all rights published prior to the proclamation, the subdivision
or redivision, or replacement are deemed published as if the
renewal had been made.
After that period, they may be invoked only from the
moment of their publication.
79 The holder of a right concerning an immoveable may, in

PUBLICATION OF RIGHTS 583
his own right and at any time, make the renewal provided for
in Article 77.
80 Where the Registrar does not renew the publication
within the period of time provided for in Article 77, the holder
of the non-renewed right may apply to the Indemnity Fund
for reparation of any damage suffered as a result.
81 An immoveable right may not be affected by errors in
the plan and book of reference.
No error in the designation, extent or name of an
immoveable may be interpreted as giving a person more rights
in an immoveable than those which his title gives him.
CHAPTER V
EFFECTS OF PUBLICATION
Section I
Beneficiaries of publication
82 Publication benefits every person whose rights are
described in the document submitted for publication.
If, however, in any document submitted for publication,
mention is made of a right described in an earlier document
but not published, this does not have the effect of publishing
that right.
83 Publication does not interrupt prescription.
However, publication of any act transferring an immoveable
right interrupts prescription with regard to that
right.
84 Publication of rights concerning property, which is

584 PUBLICATION OF RIGHTS
effected after the property is seized or, in the case of an
immoveable, after the notice of seizure is published, has no
effect when the seizure is followed by judicial expropriation,
provided, in the case of an immoveable, that a notice of seizure
has been published.
85 Publication of an instrument creating a debt preserves
for the creditor, in the same rank as for the principal, the
interest due for the current year and for the two previous years.
86 Publication of an instrument creating an annuity preserves
a preference for the arrears due for the current year and
for the two previous years.
87 A creditor has a hypothec for the surplus arrears of
interest or annuities only from the date of publication of a
notice, in accordance with Article 380 of the Book on
Property, stating the amount of arrears claimed.
Nevertheless, the interest due at the time of the first
publication, the amount of which is stated there, is preserved
by that publication.
Section II
Opposability and rank of rights
88 Rights, whether published or not, have effect between
the parties, subject to express provision of law.
89 Rights subject to the formality of publication may be set
up against third parties only from the time of their
publication.
90 Rights rank according to the date of their publication;
if two documents respecting the same immoveable are published
on the same day, preference is accorded to the earliest
document, the whole subject to the provisions of this Code
governing publication of hypothecs.

PUBLICATION OF RIGHTS 585
Section III
Protection of third parties
91 When the cause of nullity, resolution, resiliation, revocation
or extinction of an immoveable right or of a decree
affecting an immoveable right does not appear on the published
titles, the judgment pronouncing it cannot affect the
acquired rights of third parties.
92 A third party who has acted in good faith on the
strength of the registers, index or books, or of a registration
certificate, and whose rights are subsequently affected by a
judgment ordering correction, annulment or retraction, may
claim reparation for any damage he suffers from the Indemnity
Fund provided for in the Registration Act.
93 When the Registrar fails to perform any of his duties,
the person who suffers damage has recourse in damages
against the Indemnity Fund provided for in the Registration
Act.
CHAPTER VI
CANCELLATION
Section I
Formalities and effects of cancellation
94 Registration or renewal of registration is cancelled with
the consent of the parties or, failing consent, by final
judgment.
95 The Registrar cancels proprio motu any hypothec extinguished
following expiry of the period for validity of its
registration or renewal, as well as any hypothec extinguished
under Article 441 of the Book on Property.

586 PUBLICATION OF RIGHTS
96 Subject to Article 99, registration of a declaration of
family residence is cancelled, upon application by any interested
person, only when:
1. the consorts consent to the cancellation;
2. one of the consorts has died;
3.the consorts are separate as to bed and board or are
divorced;
4. the marriage is annulled;
5.the immoveable has been alienated with the consent of
the consorts or with judicial authorization, in accordance
with Article 50 of the Book on The Family.
97 Total or partial discharge of a debt entails consent to its
cancellation for as much.
98 If the cancellation is not consented to, any interested
person may apply to the court for it, subject to all other
recourses.
99 Cancellation must be ordered when registration oi
renewal has been made without right, irregularly or upon a
title which is null or informal, or when the registered right is
annulled, resolved, resiliated or extinguished by prescription
or in any other manner.
It must also be ordered when the immoveable is no
longer the principal family residence.
100 A hypothec may be cancelled in the manner provided
for in Section 70 of the Deposit Act, upon deposit of a sum
sufficient to cover the capital and interest of the claim, and the
costs, even in cases of contestation.
When only part of a claim has been deposited, cancellation
may be obtained for as much.
101 On motion by any interested person, the court, in

PUBLICATION OF RIGHTS 587
addition to the cases contemplated in Article 805 of the Code
of Civil Procedure, may order cancellation of a prenotation if
the circumstances justify it.
This rule applies, in particular, when the person whose
right is affected by prenotation has at his disposal a peremptory
means to set up against the prenoted right, or when the
holder of the prenoted right is unknown or cannot be found, or
when it is established that the holder does not intend to avail
himself of his right.
102 Subject to Article 95, a hypothec securing a life annuity
or a life usufruct and, where applicable, a hypothec accompanying
these rights is cancelled with the consent of the
beneficiary of the annuity or of the usufruct, or upon submission
of a certificate of death, a declaratory judgment of death
or a declaratory judgment of absence regarding the person on
whose life the rent or usufruct was established, along with a
declaration concerning the identity of that person.
103 The act indicating consent to the cancellation, the
discharge or the certificate of release, or the judgment
replacing it, must bear the registration number of the act to be
cancelled, and the designation of the property concerned.
104 Consent to the cancellation of a principal right entails
consent to the cancellation of its accessories and of all
references appearing in the registers.
105 Cancellation is made by the deposit of the act or of the
judgment, for the purpose of cancellation, reference to which
is made in the margin of the document attesting to the
creation or existence of the right cancelled, and in the index of
immoveables or, as the case may be, in the central register of
personal and moveable rights.
Deposit of the act or the judgment, for the purpose of
cancellation, is made in the same manner as their registration.

588 PUBLICATION OF RIGHTS
106 A judgment establishing the nullity, resolution, resiliation,
revocation or extinction of a published right may not,
however, be deposited for cancellation if it is not accompanied
by a certificate establishing that the prescribed periods for
appeal have expired and no appeal has been filed, unless the
judgment has been rendered with the consent of the parties,
mention of which is made in the judgment.
107 Prior to registration, the judgment mentioned in the
preceding article must be served on the defendant in the usual
manner.
However, a judgment rendered under Article 805 of the
Code of Civil Procedure need be served only if the judge so
orders.
108 The cancellation which has been made without right, or
as the result of an error, is annulled by court order, on motion
by any interested person.
Annulment of the cancellation does not affect the rights
of any third party in good faith who has published his right
after the cancellation.
A person who suffers prejudice by reason of the erroneous
cancellation may claim reparation from the Indemnity
Fund for the damage sustained.
Section II
Judicial sales and other forced sales
109 The deed of a judicial sale of an immoveable must be
registered, at the expense of the purchaser, by the prothonotary
of the Superior Court or by the sheriff when the latter has
proceeded with the sale, and before any copy of it is delivered.
110 Upon registration of a deed of judicial sale or of another
forced sale, the Registrar cancels all rights which have been

PUBLICATION OF RIGHTS 589
discharged by that sale, and mentions this cancellation in the
margin of the document establishing the creation or existence
of the right so extinguished, and in the index of immoveables.
111 Articles 94, 103, 105, 106 and 107 apply to the registration
of any judgment for re-entry upon abandoned lands, and
to the cancellation of the registration of any deed of sale
declared null by that judgment.
However, Article 107 does not apply if the purchaser has
been notified in the manner prescribed by Article 139 of the
Code of Civil Procedure.
112 Notices of judicial sales and of other forced sales must
be registered.
The registration is governed in particular by the Registration
Act.
113 When the judicial sale or other forced sale takes place,
mention of the notice of seizure, where applicable, and of the
notice of sale is cancelled upon registration of the deed of sale.
114 When there has been no judicial sale or other forced
sale, the notices mentioned in Article 112 are cancelled upon
deposit of a certificate from the prothonotary or the person
entrusted with the sale, establishing this fact.
Mention of this is made in the index of immoveables
and in the margin of the last document registered following
the mention of the seizure or sale.
115 Within eight days after the adjudication, the person
entrusted with the sale for taxes must submit for registration a
list of the immoveables sold for municipal taxes, by depositing
it in extenso.
The Registrar must mention the sale in the index of

590 PUBLICATION OF RIGHTS
immoveables and in the margin of the last document registered
for each lot or part of a lot so sold, writing the words,
4t Sold for taxes, No.'\
116 Entry of a sale for municipal taxes is cancelled by
registration either of a municipal deed of sale, or of a deed
stating that the immoveable has been redeemed and by entry
of this redemption in the index of immoveables and in the
margin of the last document registered after the sale for taxes.

BOOK NINE
PRIVATE INTERNATIONAL LAW

PRIVATE INTERNATIONAL LAW 593
PRELIMINARY CHAPTER
APPLICATION OF LAWS
1 The rules of internal law apply subject to the rules of
private international law.
The rules of private international law apply subject to
treaties in force.
2 For the purposes of this Book, when a State includes
several territorial units with separate legal systems, each
territorial unit is considered as a State.
CHAPTER I
GENERAL PRINCIPLES
3 Characterization is made according to the law of the
court seized of the case.
Characterization of property as moveable or immoveable,
however, is made according to the law of the place
where the property is actually situated.
4 When, by virtue of the rules of private international law,
the law of a foreign State is applicable, it is only the internal
law of that State which applies.
5 Foreign law does not apply when its provisions are
manifestly incompatible with public order as understood in
international relations.
No foreign decision or arbitration award is recognized
or enforced if it is manifestly incompatible with public order
as understood in international relations.
6 The courts do not take account of voluntary changes of

594 PRIVATE INTERNATIONAL LAW
connecting factors accomplished in order to evade the imperative
rules of the court seized of the case.
CHAPTER II
CONFLICTS OF LAWS
7 The status and capacity of physical persons are governed
by the law of their domicile, subject to express provision
of law.
8 An incapacity established by the law of the domicile of
one of the parties may not be set up against a party, domiciled
elsewhere, who contracted without imprudence and without
knowledge of such incapacity in the State of his own domicile
if the law of that State imposes no such incapacity.
9 The qualities and conditions necessary for contracting
marriage are governed, as regards each future consort, by the
law applicable to his status.
The effects of marriage, except those governed by
express provisions, are subject to the law of the common
domicile of the consorts when those effects are at issue or, in
the absence of such a domicile, to the law of their last common
domicile or, in the absence of a last common domicile, to the
law of the place of celebration.
10 Divorce and separation as to bed and board are governed
by the law of the common domicile of the consorts or, in
the absence of such a domicile, by the law of the court seized
of the case.
The effects of divorce and of separation as to bed and
board, except those governed by express provisions, are
subject to the law governing the divorce or separation.

PRIVATE INTERNATIONAL LAW 595
11 Filiation is governed by the law of the domicile of the
child at the time of his birth.
Legitimation by marriage is governed by the law
applicable to the effects of the marriage.
The effects of filiation are governed by the law of the
domicile of the child when the effects are at issue.
12 The conditions for adoption are governed by the law of
the State where the adoption takes place.
The effects of adoption are governed by the law of the
domicile of the adopted person when the effects are at issue.
13 The right to custody of children is governed by the law
of the court seized of the case.
14 The obligation to support is governed by the law of the
domicile of the creditor.
15 In matters of support between ascendants and descendants
beyond the first degree, between collaterals and between
persons connected by alliance, it is a valid defence to show
that, by the law of the defendant's domicile, there is no
obligation to provide support to the plaintiff.
16 The obligation to support between persons who are
divorced or separated or whose marriage has been annulled is
governed by the law applicable to the divorce, separation or
annulment.
17 Protection of incapable persons is governed by the law
of their domicile.
18 In cases of urgency or serious inconvenience, the law of
the forum may be applied provisionally to ensure protection of
a person or of his property.

596 PRIVATE INTERNATIONAL LAW
However, once the measures required by the law of the
domicile of that person have been taken and can be applied in
Quebec, those taken by virtue of the previous paragraph are
terminated, without prejudice to their definitive effects.
19 Legal persons are governed by the law of the place of
their creation, subject, regarding their activities, to express
provision of law of the place where they carry them on.
20 The form of juridical acts is governed by the law of the
place where the act is passed.
An act relating to patrimony is nevertheless valid if
made in the form required by the law applicable to the
substance of the act or by that of the place where the property
which is its object is situated.
A gift may also be made in the form prescribed by the
law of the domicile or of the nationality of the donor or the
testator, either when the gift was made or, in the case of a will,
at the time of death.
An act may also be received by a diplomatic or consular
agent, as well as by a general representative of Quebec abroad,
when acting within the scope of the powers fixed by the law
which establishes them and according to the forms provided
by that law, subject to the recognition of those powers by the
law of the place where the agent or representative performs his
duties.
An act may also be received outside Quebec by a
Quebec notary, when it deals with real rights whose objects
are situated in Quebec, or when the parties or either of them
have their domicile there.
21 Juridical acts of an international character are governed
by the law of the State expressly designated by the parties.
In the absence of express designation, the courts apply

PRIVATE INTERNATIONAL LAW 597
the law of the State which, at the time the act was made, and
considering the nature of the act and the surrounding circumstances,
was the most qualified to govern.
22 When a sale of corporeal moveable objects is international
in character, it is governed by the law of the State
expressly designated by the parties.
In the absence of express designation, the sale is
governed by the law of the State where the vendor is domiciled
at the time he receives the purchase order. If the purchase
order is received by an establishment of the vendor, the sale is
governed by the law of the State where the establishment is
situated.
However, the sale is governed by the law of the State
where the purchaser is domiciled, or in which he has the
establishment which gave the purchase order, if the purchase
order was received in that State by the vendor or his
representative.
In the case of a transaction on an exchange, or of a sale
at auction, the sale is governed by the law of the State where
the exchange is located or where the auction takes place.
23 In the absence of express provision to the contrary, the
law of the State where the inspection of the corporeal
moveable objects delivered by virtue of the sale must take
place is applicable to the following matters: the form and the
periods within which the inspection must take place, the
notices which must be given with respect to the inspection,
and the measures to be taken in case of refusal of the objects.
24 The sale of corporeal moveable objects, when it is of an
international nature, includes documentary sale and contracts
for the delivery of corporeal moveable objects to be manufactured
or produced, when the party who has agreed to deliver
must supply the raw materials necessary for manufacture or
production.

598 PRIVATE INTERNATIONAL LAW
25 A contract contemplated in the Consumer Protection
Act is governed by the law applicable in Quebec if the
consumer is domiciled there.
Any agreement to the contrary is of no effect.
26 Matrimonial regimes established by contract are governed
by the law designated by Article 21.
The matrimonial regime of consorts married without a
marriage contract is governed by the law of their common
domicile at the time of the marriage or, in the absence of such
a domicile, by that of their first common domicile, or, in the
absence of such a domicile, by the law of their common
nationality, or, in the absence of one and the other, by the law
of the place where the marriage was celebrated.
Change of a matrimonial regime is governed by the law
of the common domicile of the consorts at the time of the
change or, in the absence of such a domicile, by the law which
governs their regime.
27 Insurance contracts are governed by the law of Quebec
if the insured applies for insurance in Quebec and is domiciled
there at the time.
Contracts of insurance of things relating to an immoveable
situated in Quebec is governed by the law of
Quebec.
In group insurance of persons, the rights and obligations
of a participant and his beneficiary are governed by the law of
Quebec if the participant is domiciled in Quebec when he
joins the insurance plan.
Any agreement to the contrary is of no effect.
28 Any sum of money due under a contract contemplated
in the preceding article is payable in Quebec.

PRIVATE INTERNATIONAL LAW 599
Any agreement to the contrary is of no effect.
29 The validity of international arbitration agreements is
governed by Article 21.
Arbitration is governed by the rules expressly designated
by the parties or, in the absence of express designation,
by the law applicable to the validity of the arbitration
agreement.
30 Extra-contractual obligations based on unjustified enrichment
are governed by the law of the place of occurrence of
the act from which they derive.
31 Extra-contractual civil responsibility is governed by the
law of the domicile of the plaintiff at the time the act which
caused the damage occurred.
However, the defendant may raise a defence, based on
the lawfulness of the act and the absence of any obligation for
him to repair, according to the law of the place where the act
which caused the damage occurred, provided he had his
domicile there.
32 The manufacturer whose product has caused damage
may not invoke the second paragraph of the preceding article,
unless he establishes that he could not reasonably have
foreseen that the product, or other products of his of the same
type, would be marketed in the State where the plaintiff was
domiciled.
The word "products" includes natural and industrial
products, whether raw or manufactured, moveable or
immoveable.
The word "manufacturer" includes the manufacturer
of finished products or of their constituent parts, the producer
of natural products, the supplier of products, and any other
person, including repairmen and warehousemen, who take

600 PRIVATE INTERNATIONAL LAW
part in the preparation and commercial distribution of
products.
This article also applies to the agent or employee of any
of the above-named persons.
33 Property rights in individual things are governed by the
law of the place where the property is actually situated.
34 The law applicable to a sale of corporeal moveable
objects, when the sale is of an international character,
determines, as between the parties:
l.the moment until which the vendor is entitled to the
products and fruits of the objects sold;
2. the moment until which the vendor bears the risks with
respect to the objects sold;
3.the moment until which the vendor is entitled to
damages with respect to the objects sold; and
4.the validity of clauses reserving ownership for the
benefit of the vendor.
35 Subject to Articles 36 and 37, the transfer to the
purchaser of the ownership of the objects sold, with respect to
all persons other than the parties to the contract of sale, is
governed by the law of the State where the objects are situated
when a claim or a seizure is made against them.
However, the purchaser retains ownership conferred
upon him by the law of one of the States where the objects sold
were previously situated.
Furthermore, in the case of a documentary sale in which
the documents represent the objects sold, the purchaser
retains the ownership conferred upon him by the law of the
State where he received the documents.
36 Opposability to creditors of the purchaser, of the rights

PRIVATE INTERNATIONAL LAW 601
of the unpaid vendor in the objects sold, such as security and
the right to possession or ownership, particularly by virtue of
an action in resolution or a clause of reservation of ownership,
is governed by the law of the State where the objects sold are
situated at the time of the first claim or seizure concerning
them.
In the case of a documentary sale in which the documents
represent the objects sold, the opposability, to creditors
of the purchaser, of the rights of the unpaid vendor in the
objects, is governed by the law of the State where the
documents are situated at the time of the first claim or seizure
concerning them.
37 The rights which a purchaser may set up against a third
party who claims ownership of the objects sold, or any other
real right in the objects, are governed by the law of the State
where these objects are situated at the time of the claim.
However, the purchaser retains all the rights conferred
upon him by the law of the State where the objects sold were
situated at the time he was given possession.
In the case of a documentary sale in which the documents
represent the objects sold, the purchaser retains the
rights conferred upon him by the law of the State where he
received the documents, subject to the rights granted by the
law of the State where the objects sold are situated to a third
party who presently has possession of them.
38 Except as regards the application of paragraphs 2 and 3
of the preceding article, objects sold which are either in transit
in the territory of a State, or outside the territory of any State,
are deemed situated in the State from which they were sent.
39 A hypothec on moveable property not situated within
Quebec may be created and published according to the law
applicable in Quebec.

602 PRIVATE INTERNATIONAL LAW
40 A security created outside Quebec on moveable property
may be published in Quebec, even when the property
affected is not situated there.
The publication has no effect, however, unless the
property is brought into Quebec within thirty days after the
publication.
41 A security published outside Quebec on moveable
property which is subsequently brought into Quebec, is
deemed to have been published in Quebec.
The security must, however, be published in Quebec
either before the day on which publication ceases according to
the law of the place where the security was published, or
before the expiry of thirty days following the day on which the
property enters the province, whichever occurs first.
42 The following must be published at the place of the
domicile of the grantor:
l.a security on incorporeal moveable property, except
property the situation of which is fixed in Quebec by
law, and property affected by a security which must be
published, according to Quebec law, through giving
possession to the creditor; and
2. a security on corporeal moveable property generally
used in more than one State, and consisting of equipment
used by its owner or leased to others.
If the grantor changes his domicile, the security must be
published in the place of his new domicile, either before the
date on which publication ceases at the place of his former
domicile, or before the expiry of thirty days from the date of
the change of domicile, whichever occurs first.
The security must, however, be published in Quebec if
the law of the place where the grantor is domiciled makes no

PRIVATE INTERNATIONAL LAW 603
provision for publication of security on moveable property by
registration.
43 Succession to moveable property is governed by the law
of the domicile of the deceased.
44 Succession to immoveable property is governed by the
law of the place where it is actually situated.
45 Burden of proof is governed by the law applicable to the
substance of the case.
Admissibility of modes of proof, and their probative
value, are governed by the law applicable to the substance of
the case, subject to any more favourable rules of the law of the
court seized of the case.
46 Prescription is governed by the law applicable to the
substance of the case.
47 Procedure is governed by the law of the court seized of
the case.
CHAPTER III
CONFLICTS OF JURISDICTIONS
48 In matters involving personal rights of a patrimonial
nature, the courts of Quebec have general jurisdiction when:
l.the defendant is domiciled in Quebec or, if the defendant
is a legal person, if it was incorporated in Quebec or
has its head office, a place of business, or a branch office
for disputes relating to its activities in Quebec;
2. the cause of action has arisen in Quebec;
3. the parties, by an express choice of forum agreement,
have submitted to Quebec courts any existing or future

604 PRIVATE INTERNATIONAL LAW
dispute between themselves relating to a specific legal
relationship; or
4. the defendant has submitted himself to the jurisdiction
of Quebec courts, either expressly or by contesting on
the merits without reservation as to jurisdiction.
49 In matters of insurance, the courts of Quebec also have
general jurisdiction when:
1. the insurance contract was concluded in Quebec;
2. the person concerned is domiciled in Quebec at the time
of the action;
3. the insurance contract relates to an insurable interest
situated in Quebec; or
4. the loss took place in Quebec.
50 In matters involving real rights, the courts of Quebec
have general jurisdiction if all or part of the property in
dispute is situated in Quebec.
51 In matters of succession, the courts of Quebec have
general jurisdiction when:
1. the succession devolves in Quebec;
2. all or part of the property of the deceased is situated in
Quebec; or
3. the defendant, or one of the defendants, is domiciled in
Quebec.
52 The authorities of the State in which a person is
domiciled have jurisdiction to take any measures intended to
protect the person and his property.
However, in cases of urgency or serious inconvenience,
the authorities of Quebec may take such measures as they
deem necessary for the protection of the person and property
of a person domiciled abroad but present in Quebec. They
may also terminate such protection.

PRIVATE INTERNATIONAL LAW 605
53 In matters of nullity of marriage, the courts of Quebec
have jurisdiction when:
1. one of the consorts is domiciled in Quebec; or
2. the marriage was celebrated in Quebec.
54 In matters of divorce, separation as to bed and board, or
separation as to property, the courts of Quebec have jurisdiction
if one of the consorts is domiciled in Quebec.
55 Jurisdiction of the Quebec courts established by virtue
of Articles 53 and 54 also entails jurisdiction with respect to
accessory measures, subject to Article 59.
56 In matters or support, the courts of Quebec have
jurisdiction when:
1. one of the parties is domiciled in Quebec; or
2. the defendant has contested on the merits without
challenging the jurisdiction of the court.
57 In matters of filiation and legitimation, the courts of
Quebec have jurisdiction when the child is domiciled in
Quebec or resides there de facto.
58 In matters of adoption, the courts of Quebec have
jurisdiction if the person adopting is domiciled in Quebec or if
the adopted person is domiciled in Quebec.
59 In matters of child custody, the courts of Quebec have
jurisdiction if the child is domiciled or present in Quebec.
CHAPTER IV
RECOGNITION AND ENFORCEMENT OF FOREIGN
DECISIONS
60 Subject to Articles 74 and following, the courts of
Quebec recognize and declare enforceable judicial decisions

606 PRIVATE INTERNATIONAL LAW
rendered outside Quebec, in civil and commercial matters,
unless the defendant proves:
l.that the original authority had no jurisdiction in accordance
with Article 65;
2. that the foreign decision may be subject to normal forms
of review according to the law of the place where it was
rendered;
3. that the foreign decision is not enforceable at the place
where it was rendered;
4. that the foreign decision orders provisional or conservatory
measures;
5. that the foreign decision was obtained by fraud in the
procedure;
6. that proceedings between the same parties, based on the
same facts and having the same purpose, either resulted
in a decision rendered in Quebec, whether having the
force of res judicata or not, or are pending before a
Quebec court, first to be seized of the matter.
61 A decision rendered by default will not be recognized
and declared enforceable unless the plaintiff proves that the
defaulting party received notice of the institution of proceedings
in accordance with the law of the place where the decision
was rendered.
However, the judge may refuse recognition or enforcement
if the defaulting party proves that, in view of the
circumstances, he was not able to learn of the institution of the
proceedings or did not have sufficient time to present his
defence.
62 Recognition or enforcement may not be refused merely
because the court of origin has applied a law other than that
which would have been applicable according to Quebec
private international law rules.
63 Subject to the requirements of Articles 60 to 62, the

PRIVATE INTERNATIONAL LAW 607
courts of Quebec do not review the merits of decisions
rendered outside Quebec.
64 In determining the jurisdiction of the court of origin, the
courts of Quebec are bound by the findings of fact on which
the court of origin based its jurisdiction, unless the decision
was rendered by default.
65 The court of origin is considered to have jurisdiction
when:
l.the defendant was domiciled in the jurisdiction of the
court of origin at the time the proceedings were instituted
or, if the defendant is not a physical person, had
there its place of incorporation or its head office;
2. the defendant possessed a commercial, industrial or
other business establishment, or a branch office in the
jurisdiction of the court of origin at the time the
proceedings were instituted, and was cited there in
proceedings relating to their activity;
3. the action had as its object a dispute relating to immoveable
property situated in the place of the court of
origin;
4. the act which caused the damage upon which the action
is based occurred in the jurisdiction of the court of
origin, and the author of the damage was present at that
time;
5. by a written agreement, the parties have agreed to
submit to the jurisdiction of the court of origin disputes
which have arisen or which may arise in respect of a
specific legal relationship, unless the law of Quebec
would, in this case, give exclusive jurisdiction to its
courts;
6. the defendant has contested on the merits without
challenging the jurisdiction of the court or making
reservation to it; however, the jurisdiction will not be
recognized if the defendant has contested on the merits
in order to resist the seizure of property or to obtain

608 PRIVATE INTERNATIONAL LAW
mainlevee, or if the law of Quebec would, in this case,
give exclusive jurisdiction to its courts; or
7. the person against whom recognition or enforcement is
sought was the plaintiff in the proceedings in the court
of origin and was unsuccessful in those proceedings,
unless the law of Quebec would give, in this case,
exclusive jurisdiction to its courts.
66 The court of origin is considered to have jurisdiction to
try a counterclaim when:
1. it would have had jurisdiction to hear the counterclaim
as a principal claim by virtue of paragraphs 1 to 6 of the
preceding article; or
2. it had jurisdiction by virtue of the following article to
hear the principal claim, and the counterclaim arose
from the same contract or the same facts on which the
principal claim was based.
67 On application by the defendant, the jurisdiction of the
court of origin is not recognized by the courts of Quebec when:
1. the law of Quebec, either because of the subject matter
or by virtue of an agreement between the parties, gives
exclusive jurisdiction to its courts to hear the claim
which gave rise to the foreign decision;
2. the law of Quebec, either because of the subject matter
or by virtue of an agreement between the parties,
recognizes the exclusive jurisdiction of another court;
or
3. the law of Quebec recognizes an agreement by which
exclusive jurisdiction is conferred upon arbitrators.
68 A party who seeks recognition or applies for enforcement
must furnish:
1. a complete and authenticated copy of the decision;
2. if the decision has been rendered by default, the original
or a certified true copy of the documents required to

PRIVATE INTERNATIONAL LAW 609
establish that the defaulting party received notice of the
institution of proceedings; and
3. a translation into French or English of the above
mentioned documents, if they are not drawn up in either
of those languages, certified as accurate by a diplomatic
or consular agent, a translator under oath, or any other
person so authorized in Quebec or in the place of origin.
69 Recognition or enforcement of a decision rendered
outside Quebec is done by way of motion for exequatur,
subject to Article 82.
If the decision deals with several claims which can be
dissociated, recognition or enforcement may be partially
granted.
A motion for exequatur must be brought before the
Quebec court within six years from the date on which the
foreign decision can be enforced in the jurisdiction in which it
was rendered.
70 A settlement confirmed by a court and enforceable in
the place of origin is enforceable in Quebec on the same
conditions as a decision governed by Article 60, to the extent
that those conditions apply to the settlement.
71 The courts of Quebec may, on motion of one of the
parties, decline to hear an action brought before them, or stay
the action, if other proceedings between the same parties,
based on the same facts and having the same object, are
pending in a foreign court, on condition that the foreign
proceedings may result in a decision which the courts of
Quebec would be bound to recognize by virtue of the preceding
articles.
However, the courts of Quebec may order provisional or
conservatory measures, regardless of which court is seized of
the merits of the dispute.

610 PRIVATE INTERNATIONAL LAW
72 Matters relating to the interest payable on a foreign
decision are governed by the law of the court of origin.
73 When a foreign decision orders a debtor to pay a sum of
money expressed in foreign currency, the Quebec court
converts this sum into Canadian currency at the rate of
exchange prevailing at the time the decision became enforceable
in the jurisdiction in which it was rendered.
74. The courts of Quebec recognize decisions rendered
outside Quebec in matters of nullity of marriage when:
1 at the time of the action, one of the consorts was
domiciled within the jurisdiction of the authority
seized;
2 the marriage was celebrated within the jurisdiction of
the authority seized; or
3. at the time of the action, one of the consorts was a
national of the State of the authority seized.
75 The courts of Quebec recognize decisions rendered
outside Quebec in matters of divorce, separation as to bed and
board, or separation as to property only when:
1. at the time of the action, one of the consorts was
domiciled within the jurisdiction of the authority
seized; or
2. at the time of the action, one of the consorts was a
national of the State of the authority seized.
76 The courts of Quebec recognize decisions rendered
outside Quebec in matters of filiation and legitimation when:
l.at the time of the action, the child was domiciled or
resident de facto within the jurisdiction of the authority
seized; or
2. at the time of the action, the child was a national of the
State of the authority seized.

PRIVATE INTERNATIONAL LAW 611
77 An adoption outside Quebec is valid if effected by an
authority competent under its own rules.
78 The courts of Quebec recognize decisions rendered
outside Quebec in matters of custody of children and parental
authority when:
l.at the time of the action, the child was domiciled or was
present within the jurisdiction of the authority seized;
or
2. at the time of the action, the child was a national of the
State of the authority seized.
These decisions may nonetheless be reviewed by the
courts of Quebec if such a review is in the interest of the child.
79 The courts of Quebec recognize and enforce decisions
rendered outside Quebec with regard to support when:
l.at the time of the action, one of the parties was domiciled
within the jurisdiction of the authority seized;
2. at the time of the action, one of the parties was a
national of the State of the authority seized; or
3. the defendant has contested on the merits without
challenging the jurisdiction of the authority seized.
80 A decision rendered outside Quebec which orders
periodic payment of support may be recognized and declared
enforceable as regards payments accrued and accruing.
81 The recognition and enforcement of decisions rendered
outside Quebec in matters of nullity of marriage, divorce,
separation as to bed and board, filiation, adoption, custody
and parental authority and, in matters of support, are also
subject to sub-paragraphs 3 and 5 of Article 60, and to
Articles 61, 62, 64, 68 and 70.
The matters referred to in the preceding paragraph, with

612 PRIVATE INTERNATIONAL LAW
the exception of custody and parental authority, are also
subject to Article 63.
82 A decision rendered outside Quebec relating to the
status or capacity of persons has effect in Quebec without
exequatur, except where the decision orders measures of
restraint on persons or execution upon property.
CHAPTER V
RECOGNITION AND ENFORCEMENT OF FOREIGN
ARBITRATION AWARDS
83 The courts of Quebec recognize and declare executory,
in civil and commercial matters, arbitration awards rendered
outside Quebec or awards rendered in Quebec not in accordance
with Quebec arbitration rules, unless the party against
whom it is invoked proves:
1. that one of the parties to the arbitration agreement was
incapable according to the law applicable to him, or that
the agreement is not valid according to the law designated
in Article 29;
2. that the party against whom the award is invoked was
not given proper notice of the appointment of the
arbitrator or of the arbitration procedure, or was otherwise
unable to present his case;
3. that the award deals with a dispute not contemplated by
the arbitration agreement or which does not fall within
its terms, or that it contains decisions beyond the terms
of the agreement; however, if the decisions on matters
submitted to arbitration can be dissociated from those
not so submitted, the former may be recognized and
declared enforceable;
4. that the constitution of the arbitration tribunal or the
arbitration procedure was not in accordance with the
agreement of the parties, or, in the absence of an

PRIVATE INTERNATIONAL LAW 613
agreement, was not in accordance with the law designated
in Article 29; or
5. that the award has not yet become binding on the
parties, or has been annulled or suspended by a competent
authority in the State by virtue of whose laws the
award was made.
84 A person who seeks recognition or applies for enforcement
must furnish:
l.the duly authenticated original award or a copy fulfilling
the necessary conditions for authenticity;
2. the original arbitration agreement or a copy fulfilling
the necessary conditions for authenticity; and
3.a translation into French or English of the above
mentioned documents, if the documents are not drawn
up in either of those languages, certified as accurate by a
diplomatic or consular agent, a translator under oath, or
any other person so authorized in Quebec or in the place
of origin.
85 Recognition or enforcement of an arbitration award
contemplated in the preceding articles is effected by way of
motion for homologation.
CHAPTER VI
IMMUNITY FROM CIVIL JURISDICTION AND
EXECUTION
86 Foreign States, foreign sovereigns and international
organizations are immune from civil jurisdiction in Quebec,
except as regards actions relating to a commercial activity of
any kind.
87 Foreign sovereigns are not obliged to give evidence as
witnesses.

614 PRIVATE INTERNATIONAL LAW
88 No measures of execution may be taken against a
foreign State, a foreign sovereign or any international organization,
except in the case provided for in Article 86 and in the
case of waiver of immunity from execution.
The execution must not infringe the inviolability of the
person or residence of the sovereign or of the headquarters of
the international organization.
89 In Articles 90 to 99, the following expressions mean:
l."head of mission'': the person charged by the sending
State or international organization to act in that
quality;
2. "members of the mission": the head of the mission and
the members of the staff of the mission;
3. "members of the staff of the mission": the members of
the diplomatic staff, the administrative and technical
staff and the service staff of the mission;
4. "members of the diplomatic staff": the members of the
staff of the mission who have diplomatic rank;
5."diplomatic agent": the head of the mission or any
member of the diplomatic staff of the mission;
6."members of the administrative and technical staff":
the members of the staff of the mission employed in the
administrative and technical service of the mission;
7. "members of the service staff": the members of the staff
of the mission in the domestic service of the mission;
8."premises of the mission": the buildings or parts of
buildings and the land ancillary to them regardless of
ownership, used for the purpose of the mission, including
the residence of the head of the mission;
9. "consular post": any consulate-general, consulate, viceconsulate
or consular agency;
10. "head of a consular post": the person charged with the
duty of acting in that quality;

PRIVATE INTERNATIONAL LAW 615
11. "consular officer": any person, including the head of a
consular post, entrusted as such with the exercise of
consular functions;
12/ u consular employee": any person employed in the
administrative or technical service of a consular post;
13. "member of the service staff": any person employed in
the domestic service of a consular post;
14."members of the consular post": consular officers,
consular employees and members of the service staff;
15." members of the consular staff'': consular officers, other
than the head of a consular post, consular employees
and members of the service staff.
90 The premises of every mission, its furnishings, all
property thereon, and its means of transport, are exempt from
seizure and execution.
All papers, correspondence and property of the diplomatic
agent, in his private residence, are exempt from seizure
or execution, subject to Article 93.
91 Diplomatic agents are immune from civil jurisdiction
except as regards:
l.real actions relating to private immoveable property
situated in Quebec, unless he holds it on behalf of the
sending State for the purposes of the mission;
2. actions relating to succession in which the diplomatic
agent is involved as executor, administrator, heir or
legatee, as a private person and not on behalf of the
sending State; or
3. actions relating to a professional or commercial activity
exercised by the diplomatic agent outside his official
functions.
92 Diplomatic agents are not obliged to give evidence as
witnesses.

616 PRIVATE INTERNATIONAL LAW
93 No measure of execution may be taken in respect of any
diplomatic agent except in the cases provided for in Article 91
and provided the execution may be accomplished without
infringing the inviolability of his person or of his residence.
94 Consular officers and consular employees in residence in
Quebec are immune from civil jurisdiction as regards acts
performed in the exercise of their consular functions.
The preceding paragraph does not apply, however, to
civil actions:
1. arising out of a contract concluded by a consular officer
or a consular employee in which he did not contract
expressly or implicitly as an agent of the sending State;
or
2. instituted by a third party for damage arising from an
accident caused in Quebec by a vehicle, vessel or
aircraft.
95 The members of a consular post are not obliged to give
evidence concerning matters connected with the exercise of
their functions, or to produce official correspondence and
documents relating thereto.
They may also decline to give evidence as expert
witnesses with regard to the law of the sending State.
96 No measure of execution may be taken against a
consular officer or consular employee in residence in Quebec
in respect of acts performed there in the exercise of his
consular functions, except in the cases provided for in subparagraphs
1 and 2 of the second paragraph of Article 94.
97 Foreign States, foreign sovereigns and international
organizations may waive the immunity from civil jurisdiction
which they enjoy in Quebec, as well as that enjoyed by their
diplomatic agents, the members of their consular posts, and
the persons mentioned in Articles 98 and 99.

PRIVATE INTERNATIONAL LAW 617
The waiver must always be express and must be communicated
in writing to the Minister of Intergovernmental
Affairs.
A physical or legal person who enjoys immunity from
jurisdiction and who institutes proceedings is precluded from
invoking immunity from jurisdiction in respect of any counterclaim
directly connected with the principal claim.
Waiver of immunity from jurisdiction in respect of civil
proceedings is not held to imply waiver of immunity in respect
of execution of the judgment; a separate waiver is necessary
for the execution.
98 The members of the family of a foreign sovereign or
diplomatic agent who form part of his household enjoy the
immunities specified in Articles 86 to 88 and 91 to 93,
provided they are not Canadian citizens.
The members of the administrative and technical staff of
the mission, or accompanying a foreign sovereign, enjoy
immunity from civil jurisdiction in relation to acts performed
in the exercise of their duties, provided they are not Canadian
citizens and are not permanently resident in Canada.
The members of the service staff of the mission, or
accompanying a foreign sovereign, are immune from civil
jurisdiction in relation to acts performed in the exercise of
their duties, provided they are not Canadian citizens and are
not permanently resident in Canada.
99 Diplomatic agents who are Canadian citizens or permanently
resident in Canada enjoy immunity from civil jurisdiction
in Quebec only in relation to official acts performed in the
exercise of their duties.
100 The persons listed in this chapter enjoy the immunities
specified therein:
l.in the case of a foreign State, foreign sovereign or

618 PRIVATE INTERNATIONAL LAW
international organization, from the time of his or its
recognition by Canada;
2. in the case of diplomatic agents, from the time of their
accreditation;
3. in the case of consular officers and consular employees,
from the time when they begin their consular functions
in Quebec.

TABLES OF
CONCORDANCE

TABLE A
Articles of
the Civil Code
1 *
2 *
3 *
4 *
5 *
6 par. 1
par. 2
par. 3 *
par. 4
7
8 *
Q *
10 *
11 *
12 *
13
14 *
15 *
16 *
17 *
18 par. 1
par. 2
19
20
21
22
23 par. 1 in limine
par. 2
par. 3
27 *
28 *
39
40 *
41 *
42 *
42a *
42b *
42c *
43 *
44 *
repealed
Articles of
the Draft
IX: 33. 44
IX: 3 par. 2, 6 par. 1, 33
43, 47
IX: 7, 17
IX: 20
I: 10, 11; V: 8 par. 2
I
I
I
I
I
I
I
I
I
1
3
15, 17
16
18
19
20
2 1, 22 in fine, 23
22,23
I: 66 par. 2
Others
621

622 TABLE A
Articles of
the Civil Code
45a *
46 *
47 *
48 *
49 *
50
51
52 *
53 *
53a
53b *
54
55 *
56 *
56a
57 *
58 *
59 *
60 *
61 *
62 *
63
64
65 s.-par. 1, 2, 3, 6
66 *
66a *
67
68 *
69 *
69a *
70
s.-par. 4, 5, 7, 8
71 par. I
72 *
73
75
78 *
79 *
par. 2
par. 3 *
* repealed
Articles of
the Draft
I: 82
I: 108 par. 2
I: 85
I: 87
I: 45, 46
II: 19
I: 91 par. 3
I: 91 par. 1
I: 98
102
103 par. 1
103 par. 2
I: 104, 105, 106, 107,
216
I: 108 par. 1
Others

TABLE A
Articles of
the Civ il Code
80 *
81 *
82 *
83 par.
par.
par.
84 *
85
86
87
88 *
89 *
90 *
91 *
92
93
94 *
95 *
96 *
97 *
98
99
100
101
102
103
104
105
106
107
108
109
110 *
111 *
113 *
114 *
115
116
117
118
119 *
repealed
1 *
2
3
Articles of
the Draft
I: 63 par. 1
I: 64
I: 65
I: 205
I: 206
I: 208
I: 209
I: 209
I: 212
I: 214
I: 215
I: 215
I: 211 par. 1
I: 218
I: 219
I: 220
I: 217
I: 210
I: 210,213
II: 9
II: 6 s.-par. 1
11:29
II: 10
Others —-^_____
623

624
Articles of
the Civil Code
120 *
121 *
123 *
124
125
126
127 *
128
129 par. 1
par. 2
130
131 *
132 *
133 *
134 *
134a *
134b
135
136
137
138
139
140
141
142 *
143 *
144
147
148 par. 1
par. 2
149
150 *
151 *
152
153
154 *
155 *
156
157 *
158 *
159 *
repealed
Articles of
the Draft
II
II
II
II
II
II
II
11
11
11
16
17
18
21
II: 22,23
IX: 20
II 12
II 12
II 12
II 12
II 13 par. 2
II 12
II
II
II
II
II
14
15
27 s.-par. 1
27 s.-par. 2, 3
27 par. 2
II: 25 s.-par. 2
II: 25 s.-par. 4, 30
II: 31
Others
TABLE A

TABLE A
Articles of
the Civil Code
160
161 *
162 *
163
164
165
166 *
167 *
168 *
169
170
171
172
173
174
175
176
177
178
179 *
180
181
182
183
184
185
186
187
188
189
190
191
196 *
197 par. 1 *
par. 2
198
199 *
200
205 *
206
207
repealed
Articles of
the Draft
II: 24
II: 32, 34, 37, 38, 39
II: 32, 35, 36, 39
II: 336, 353
II: 340 par. 1
II: 239, 347
II: 344
II: 344
II: 41,47, 336
II: 42,43, 354
II: 41, 53
II: 47
II: 44
I: 166; II: 45
II: 48
II: 51
II: 50
II: 52 par. 1
II: 52 par. 2, 55
II: 235, 259
II: 240
II: 240
II: 240
II: 240
II: 240
II: 240
II: 247
II: 248
II: 249. 251, 252, 341
II: 259, 260
II: 260
Others
625

626 TABLE A
Articles of
the Civil Code
208
211 par. 1
par. 2 *
212
213
215 *
216
217
218
219
220
221 *
222 *
223
224
225
226 *
227
228
229
230
231
232
233 *
234
235 *
236
237 *
238 *
239 *
240
240a *
240b *
241
242
243
244 *
245
245a *
* repealed
Articles of
the Draft
II: 37, 38, 236, 261, 264
342
II: 262
II: 236, 253, 254, 337,
342
II: 236, 239, 257, 342,
347
II: 263
II: 265
I: 29; II: 266 par. 1
II: 275 par. 1, 276
II: 276
II: 277
II: 279
II: 278
II: 267
II: 282
II: 282
II: 283
II: 284, 285
II: 287
II: 288
II: 290
II: 353
II: 272
II: 352
II: 350
II: 353
Others

TABLE A
Articles of
the Civil Code
246
247 *
248
249
250
251 *
252 *
253 *
254 *
264
265
266
267 *
268 *
269
270 *
271 *
272
273
274
275
276
277
278
282 s. -par. 1
s. -par. 2
s. -par. 4
284
285
286
287 *
288
289
290
290a
291 *
292
293 *
294 *
295 *
repealed
Articles of
the Draft Others
I: 1 11 par. 1
II: 354
I: 126, 127, 136, 168 in
limine s.-par. 1
I: 169
I
I
I
137, 138 par. 1, 2, 142
170, 196 par. 1
129, 130
I: 150
I: 134
I: 134
I: 134
I: 134
I: 134
I: 134
I: 134
I: 133 s.-par. 1
I: 133 s.-par. 2
I: 133 s.-par. 3
I: 133 s.-par. 4
I: 156, 162
I: 155, 162
I : 160 par. 1
I : 157, 158
I : 125, 141, 146; IV: 525
I : 146
I: 224, 228
627

628 TABLE A
Articles of
the Civil Code
296 *
297
298
300 *
301
302 *
303
304 par
par
par
par
par
305 *
306 *
307 *
308
309 *
310
311 *
312
313 *
314
315 *
316 *
317 *
318 *
319 *
320 *
321 *
322 *
323 *
324
325
326
327
328 *
334 par. 1
par. 2
335
336 *
336a
repealed
2, 3
4
5 in limine
5 in fine
Articles of
the Draft Others
I: 146
I: 146
III: 85
V: 453
120 par. 1, 195
118
120 par. 3
221
in
I: 235
I: 235
I: 237
I: 1 1 I par. 2
I 11 par. 1, 1 12
180
180
184
I: 190, 192, 193
I: 191
I: 180

TABLE A
Articles of
the Civil Code
336b
336c *
336n *
336o *
336r
337 *
337a
338 *
339 *
340 *
341 *
342 *
343
344 *
345 *
346 *
347 *
347a *
348 *
348a
349 *
350 *
350a *
351
352
353
354
355 *
356
357 par. 1
par. 2
358
359
360
361
362 *
363
364
365
366 *
366a *
repealed
Articles of
th le Draft
I:
I:
I:
I:
184
180
127, 196 par. 2
181, 182
IX: 18 par. 1
I: 183
I: 2, 7, 266,271
I: 241, 272
I: 273
I: 7, 293
I: 243
I: 244
I: 7, 248
I: 247, 277, 292
I: 247, 248, 292
I: 241
I: 271, 274
I: 7
I: 252
Others
629

630 TABLE A
Articles of
the Civil Code
367 *
368
369
370
371
374
375
376
377 *
378
379
380
381
382 *
383 *
384 *
385 *
386
387 *
388 *
389 *
390 *
391
392 *
393 *
394 *
395 *
396
397 *
398 *
399 *
400 *
401
402 *
403 *
404 *
405
406
407
408
409 *
repealed
Articles of
the Draft
I: 267
I: 267
I: 267
I: 268, 270
IV: 3
IV: 9
IV: 5
IV: 6
IV: 7, 10
IV: 7, 10
IV: 9
IV: 8
V: 1189, 11
II: 57
IV: 18
IV: 19
IV: 34
IV: 43
IV: 35, 72
Others

TABLE A 631
Articles of
the Civil Code
410 *
411
412
413
414
415
416
417
418
419
420
421
422 *
423
424
425 *
426
427
428 *
429
430
431
432
433
434
435
436
437
438
439
440
441
441a
441b
441c
441d
441e
441f
441g
44 lh
441i
repealed
Articles of
the Draft
IV: 33
IV: 27
II: 72, 128
II: 128; IV: 37
IV: 74
IV: 75
IV: 32, 76, 77, 78, 79, 80
IV: 83
IV: 84, 286
IV: 85
IV: 86
IV: 87
IV: 88
IV: 89
IV: 90
IV: 91, 92
IV: 91, 92
IV: 91. 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 91, 92
IV: 93, 286
IV: 91, 92
IV: 206
IV: 207
IV: 208
IV: 209
IV: 210
IV: 211
IV: 212
IV: 213
Others

632 lABLfcA
Articles of
the Civil Code
44 lj
441k
4411
441m
44 In
44 lo
441p
441q
441r
441s
441t
44 lu
44 lv
441w
44 Ix
441y
441z
442
442 a
442 b
442 c
442d
442e
442 f
442g
442 h
442i
442j
442 k
4421
442 m
442n
442o
442p
443
444
445 *
446
447
448
449
repeal
Articles of
the Draft
IV: 214
IV: 215
IV: 216
IV: 217
IV: 218
IV: 219
IV: 220
IV: 221
IV: 222
IV: 223
IV: 224
IV: 225
IV: 226
IV:227
IV: 228
IV: 229
IV: 230
IV: 231
IV: 232
IV: 233
IV: 234
IV: 235
IV: 236
IV: 237
IV: 238
IV: 239
IV: 240
IV: 241
IV: 242
IV: 243
IV: 244
IV: 245
IV: 246
IV: 247
IV: 94
IV: 95
IV
IV
IV
IV
94
106
107
108
Others

TABLE A
Articles of
the Civil Code
450
451
452
453 *
454
455
456
457
458
459
460
461
462 par.
par.
par.
463
464
465
466
467
468
469
470 *
471
472
473
474
475
476
477
478
479
480
481
482
483
484 *
485
486
487
488 *
1
2
3
repealed
Articles of
the Draft
IV:
IV:
IV.
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
110, Ml
112
104
142
116 par. 1, 2, 117
116 par. 3
121
120
120
118
119
99
122 par. 1
122 par. 2
100, 123
124 par. 1
125
126
125
131
132, 133
IV . 136
IV : 138
IV . 137
IV : 139
IV : 140
IV : 141
IV : 149
IV : 150
IV : 143, 145, 146, 147
IV : 151
IV : 143
IV : 145
IV : 101
IV : 147
IV : 148
IV : 152
Others
633

634 TABLE A
Articles of
the Civil Code
489 *
490 *
491 *
492 *
493
494
495
496 *
497
498
499
500 *
501
502
503
504
505
506 *
507 *
508 *
509 *
510
511 *
512
513
514
515
516
517
518
519
520
522 *
523
524
525
526 *
527
528
529
530 *
repealed
Articles of
the Draft
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
155
154
155
154
157
158 par. 1
45
40
41
44
47
54
56
56
55
57
57
58
52
55
47
49
49
49
48
39
39
Others

TABLE A
Articles of Articles of
the Civil Code the Draft Others
531 *
532 *
533
534
535
536
537 *
538
539
540
541
542
543
544
545
546 *
547
548
549 *
550 *
551
552
553
554
555
556
557
558
559 *
560 *
561
562
563
564
565 *
566 *
567
568
569
570
571
* repealed
IV: 59
IV: 60
IV: 60
IV: 61
IV: 63
IV: 46
IV: 64
IV: 65
IV: 65
IV: 66
IV: 68
IV: 166
IV: 161
IV: 162
IV: 164
IV: 167
IV: 168
IV: 168
IV: 169
IV: 170
IV: 173
IV: 172
IV: 175
IV: 177
IV: 178
IV: 179
IV: 248
IV: 249
IV: 250
IV: 250
IV: 251 par. 1
635

636
Articles of
the Civil Code
572 *
573
574
575
576
577
578
579
580 *
581
582
583
584
585
586
587 *
588
589
590
591
592
593
594
595 *
596 *
597 par. 1, 3
par. 2 *
598
599
599a *
600
601
602 *
603
604
605
606
607
608
609
6 10
f repealed
Articles of
the Draft Others
IV: 252
IV: 253 par. 1, 254
IV: 255
IV: 256
IV: 257, 259
IV: 258
IV: 261 s.-par. 1, 2, 3
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
IV
III: 3
262
263
71
18
13
17
15
15
15
15
15
15
15
III: 23
III: 4
III: 2
III: 1
III : 6
III : 6
III : 6
III : 23
III : 15, 16
I: 28; III: 5
1: 3
III: 7
_ .
TABLE A

TABLli A
Articles of
the Civil Code
61 1 *
612
613
614
6 15 in limine
in fine
616 par. 1
617
618
619
620
621
622
623
624
624a
par. 2
par. 3
par. 4
624b par. 1
par. 2, 3, 4
624c *
624d
625 par. 1
par. 2
par. 3
626
627
628
629
630 *
631
632
633
634 par. 1
par. 2
par. 3
635 par. 1
par. 2
636
639
repealed
Articles of
the Draft
III: II
III: 12, 36
III: 24
III: 26
III: 27
III: 27
III: 28
III: 29
III: 29
III: 30
III: 31
III: 32
III: 33
III: 34
III: 35
III: 38
III: 36, 37
III: 40
III: 41
III: 40
III: 40
III: 43
III: 41
III: 44
III: 45, 47
III: 45, 47
III: 50
III: 50, 51
III: 45
III: 48
III: 49
III: 50
III: 52
III: 53
III: 55
III: 54
III: 56
III: 57
Others
637

638 TABLE A
Articles of
the Civil Code
640
641
642
643
644
645
646
647
648
649
650
650a
65 I in limine
in fine
652
653
654 in limine
in fine
655 par. 1
par. 2
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675 par. I
par. 2 +
repealed
Articles of
the Draft
III
III
III
III
III
III
III
III
III
III
III
III
III
III
HI
III
III
III
III
III
III
III
III
III
III
58
83
84
85
100
101
102
104
92
92
93
99
108
109
110
110
37
1 II
113
1 14
107
112
86
105, 191
115
VIII: 34
III
III
III
III
III
III
III
III
III
III
IN
III
III
III
118
122
87
103
87, 94 par. 1
89
94 par. 2
88, 89
105
123
124, 143, 14'
. 124
: 128
• 129
Others

TABLE A
Articles of
the Civil Code
676 par.
par.
par.
676a
677
678
679
680
681
682
683
684
685
686 par.
par.
687
688
689
690 *
691 *
692
693 par.
par.
par.
694
695 *
697
698
700
701
702
703
704
705
706
707
708 *
709
710
711
712
1
2
3
1
2
repealed
1
2
3
Articles of
the Draft Others
III: 126
III: 127, 132
III: 131
III: 135
III: 139, 140, 141
III: 137
III: 142
III: 134
III: 97
III: 145
III: 116
III: 149
III: 150
III: 151
III: 149
III: 152
III: 153, 154
IV: 197, 198, 199, 200
III: 187
III: 184
III: 188
III: 189 par. 1
IX: 51
III: 198, 202, 203
III: 202, 203
III: 207, 220
III: 213
III: 195
III: 197
III: 197
III: 192, 193
III: 193
III: 195
III: 188
IV: 192, 193, 194; V: 441
III: 205
III: 207
639

640 TABLE A
Articles of
the Civil
713
714 *
715 *
716
717
718
719 *
720 *
721 *
722
723
724
725
726
727
728
729
730
731 par.
732
par.
733 par.
734
735
736
737
738
739
740
741
742
743
744 *
745
746
747
748
749
750
751
par.
repealed
Code
1
2
1
2
Articles of
the Draft Others
III: 209
III: 39
III: 208
III: 210
219
210
211
211
211
216
211
215. 217
215,217
212
218
217
201
214, 217
20 1 in fine, 214, 217
169, 171
170
170
172
177
179
324
180
181, 182, 183
204
226
20 1 par. 2
: 229, 231
: 232
: 230
: 235, 236, 237

TABLI EA
Articles of
the Civil Code
752
753
754 *
755
756
757 *
758
759 *
760
761 *
762
763
764 *
765 *
766 *
767 *
768 *
769 *
771 *
772 *
773
774 *
775 *
776
777
778
779 *
780 *
781 *
782 *
783 *
784
785 *
786 *
787 *
788 *
789
790 *
791
792
793 *
repealed
Articles of
the Draft
III: 238
III: 239
V: 446
III: 242
V: 455, 486
III: 300; V: 468
V: 459
IV: 528; V: 452
V: 454
IX: 20
IV: 613 par. 2; V: 446
V: 457
V: 473
V: 453
V: 446
V: 453
Others
641

642 TABLE A
Articles of
the Civil Code
794 *
795 *
796
797
798
799
800 *
801
802
803 *
804 *
805 *
806 *
807 *
808 *
809 *
810 *
811 *
812 *
813 *
814 *
815 *
816 *
817
818
819
820
821 *
822
823 par. 1
par. 2
824 *
825 *
826 *
827 *
828 *
829 *
830 *
831
833
834 par. 1
repealed
Articles of
the Draft
V: 460, 461, 462
V: 469
I: 470
V: 460, 461
V: 471
V: 472
V: 482
V: 484
V: 485
V: 484
V: 483
V: 487
V: 488
III: 240
III: 248
III: 250
Others

TABLE A 643
Articles of Articles of
the Civil Code the Draft Others
par. 2, 3
835
836
837
838
839 *
840
841
842
843
844
845
846
847
848 *
849 *
850
851 par. 1
par. 2
852
853
854 *
855
856 *
857
858
859 *
860
861
862 *
863
864
865
866
867
868
869
870
871
872 *
873 par. 1
repealed
III: 247
III: 246
III: 252
III: 251
III: 253; IV: 614, 615
III: 292
III: 249
III: 255
III: 257, 258,266
III: 257, 259, 260, 261
III: 262
III: 302
III: 265, 266, 267
III: 268
III: 270
III: 271
III: 272,273
III: 303
III: 256
III: 274; IX: 20
III: 275
III: 281
III: 276
III: 286
III: 291
III: 296
III: 308
III: 308
III: 297, 298, 299
IV: 605
III: 20 par. 1
III: 310
III: 287

644 TABLE A
Articles of
the Civil Code
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
907
908
909
par.
par.
par.
par.
par.
par.
par.
par.
par.
2
3
4
repealed
1
2 *
1
2
1
i *
Articles of
the Draft Others
288
289
290
308
315
316
317
174
321
318; IV: 372
307
314
314
319
320
321
322
311
323, 324, 325, 326
327
17, 309
279, 281, 282, 284
7, 305. 306
282
282
283
285
284
242, 243
244
293
294
304
295
294
328, 330
332
1: 333
I: 332

TABLE A 645
Articles of Articles of
the Civil Code the Draft Others
910 111:334,338,339,340
911 *
912
913
914
915
916
917
918
919
920
921
922 *
923
924 par. 1
par. 2
par. 3
925
926
927
928
929
930
931
932
933
934 *
935
936 *
937 III: 254
938 *
939 *
940 *
941 *
942 *
943 *
944 III: 372
945 III: 373
946 III: 374, 375
947 III: 376, 377, 396, 397
* repealed
III: 337
III: 342: IV: 562
III: 352
III: 342
III: 343
IV: 582
III: 346, 348 , 349
III: 341, 342 , 352; IV
504
IV: 585
III: 350
III: 328
III: 328
III: 329
III: 331
III: 354
III: 367
III: 356
III: 358
III: 359
III: 367, 368
III: 355
III: 363; IV: 632
III: 366
III:
370; IV: 619

646 TABLE A
Articles of
the Civi 1 Code
948 par.
par.
949
949a
950
951 *
952
953 *
953a *
954 *
955
956
957 *
958
959 *
960 *
961
962
963 *
964 *
965
966
967
968
969 *
970 *
971 *
972 *
973 *
974 *
975 *
976
977 *
978 *
979 *
980
981 *
981a
981b *
981c
repealed
1 *
2
Articles of
the Draft
III: 380
III: 379
III: 378
III: 387
III: 371
III: 385
III: 385, 388
III: 395
III: 389
III: 393
III: 390
III: 398. 399
III: 400
III: 358
III: 360
I: 30
IV: 600, hOl, 608, t
par. 1
IV: 612
Others

TABLE A
Articles of
the Civil Code
981d
981e
98 If
981g
981h *
98 li
98 lj
981k
9811
981m
981n *
981o
981p
981q
981r
981s *
981t
981u
981v *
982 *
983
984
985
986
987 *
988
989 *
990 *
991
992
993
994
995
996
997
998
999 *
1000 *
1001 *
1002
1003
repealed
Articles of
the Draft
IV: 582, 626
IV: 585
IV: 567
IV: 590
IV: 570
IV: 623
IV: 513
IV: 588, 591, 592,630
IV: 566
IV: 552, 553
IV: 554
IV: 551
IV: 555
IV: 557
IV: 560
V: 3
V: 9
I: 6
I: 113, 189; V: 28
V: 11
V: 29
V: 30
V: 31
V: 33
V: 34
V: 36
V: 35
V: 35
I: 114 par. 1, 193
I: 115
Others
647

648 TABLE A
Articles of
the Civil Code
1004
1005
1006 *
1007
1008
1009 *
1010 *
1011
1012 *
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1038
1039
1040
1040a
1040b
1040c *
1040d *
I040e *
repealed
Articles of
the Draft
I: 1 16
I: 118
I: 117
I: 114 par. 2. 193
V: 54 par. 1, 126
V: 62
V: 64
V: 63
V: 63
V: 63
V: 65
V: 68
V: 67
V: 66
V: 41, 74
V: 72
V: 71
V: 383 par. 1
V: 384
V: 385
V: 73, 83
V: 85, 88
V: 73
V: 195
V: 197
V: 197
V: 199
V: 198
V: 198
V: 198
V: 201, 205
V: 203, 206
IV: 439, 440
IV: 420, 439, 441
Others

TABLE A
Articles of
the Civil Code
1041 *
1042 *
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056 *
1056a *
1056b
1056c
1057
1058
1059 *
1060
1061
1062
1063 *
1064 *
1065
1066
1067 *
1068 *
1069
1070
1071 *
1072 *
1073
1074
1075
1076 *
1077
1078
repealed
Articles of
the Draft Others
V 104, 105
V 106
V 108
V 110
V 116, 117, 122
V 116, 118
V 122
V 119, 120
V 121
V 123
V . 94
V : 97, 98, 99, 100
V : 100, 101 par. 1
V: 292
V: 297
V: 96
V: 1
V: 2
VIII: 24
V: 2 par. 1
V: 267, 268
V: 270
V: 262
V: 262
V: 294
V: 295
V: 295
V: 266, 298 par. 1, 2
V : 299
649

650 TABLE A
Articles of
the Civil Code
1079
1080 par. 1
par. 2
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099 *
1100
1101
1102 *
1103
1104
1105
1106 *
1107
1108
1109
1110
1111
1112
1113
1114
1115 par. 1, 2
par. 3
1116
1117 *
repealed
Articles of
the Draft Others
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
V
144, 153
145
146
147
148
149
150
152, 154
151
155
154, 155
131
137, 138
134
140
186
187
189, 190
190
190
190
178, 179
180, 333, 3
156, 161
157
158
162
163
160
322
160
164
337
167
168
169
170

TABLE A 651
Articles of Articles of
the Civil Code the Draft Others
1118 par. 1
par. 2
1119 *
1120
1121
1122 *
1123 *
1124
1 125 *
1126 *
1127
1128 *
1129 *
1130 *
1131
1132 *
1133
1134
1135
1136 *
1137 *
1138
1139 *
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150 *
1151
1152
1153
1154
1155
1156
1157
repealed
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V: 349
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
V:
172
176
174
182
182
183
304
307
309
308
216
217
217
208
212
214,433
213
215
209
211
210
218
219
221
222 par. 1, 223,224
225
226, 227

652 TABLE A
Articles of
the Civil Code
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168 *
1169
1170 *
1171
1172 *
1173
1174 *
1175 *
1176
1177
1178
1179
1180 *
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191 par. 1
1192
1193
1 194 *
1 195
1 196
par. 2
par. 3
repealed
Articles of
the Draft
V: 249
V: 251
V: 252
V: 253
V: 242, 245
V: 231
V: 236
V: 237, 254
V: 246
V: 247
V: 329
V: 330
V: 228,229
IV: 484; V: 331
IV: 485; V: 331
IV: 485; V: 331
V: 332
V: 339, 340
V: 344
V: 341
V: 342
V: 344, 345
V: 345
V: 314, 315
V: 314
V: 318
V: 319
V: 323
V: 324
V: 321
IV: 345, 395; V: 325
V: 317
V: 320
V: 326
Others

TABLE A 653
Articles of
the Civil Code
1197
1198
1199 par. 1
par. 2
1200
1201 *
1202
1202a *
1202b
1202c
1202d
1202e *
1202f
1202g
1202h
1202i
1202j *
1202k *
12021 *
1203
1204
1205
1206 *
1207
1208
1209 *
1210
1211
1212
1213 *
1214 *
1215
1216
1217
1218
1219
1220
1221 *
1222
1223
repealed
Articles of
the Draft
V: 328
V: 334
V: 335
V: 336
V: 266, 346
V: 266, 347
IV: 451
IV: 452
IV: 457
IV: 453
IV: 454
IV: 455
IV: 456
VI: 1
VI: 72
VI: 12, 41
VI: 13, 15, 16
VI: 15; IX: 20
VI: 19
VI: 23
V: 79
VI: 20, 21
VI: 22
VI: 21
VI: 21
VI: 21
VI: 26, 27;
par. 1
VI: 33
VI: 32
IX: 20, 69
Others

654 TABLE A
Articles of
the Civil Code
1224 *
1225 *
1226 *
1227
1228
1229 *
1233 *
1234 *
1235 *
1236 *
1237 *
1238 *
1239
1240
1241
1242
1243
1244
1245
1257
1258
1259
1260 par. 1
par. 2
1261
1262
1263
1264
1265
1266
1266a *
1266b
1266c
1266d
1266e
1266f
1266g
1266h
1266i
1266j
* repealed
Articles of
the Draft Others
VI: 36
VI: 37
VI : 52
VI : 54
VI : 55
VI : 56
VI : 60, 62
VI : 63
VI : 64 par. ^ 1 2
II: 69
II: 69
II: 69
II: 70
II: 71
II: 72
I: 119 par. 2 ; II: 73, 74
1 par. 2
II: 8, 73, 74 par. 1, 2
II: 75
II: 76
II: 77
II:
II:
II:
II:
II:
II:
II:
II:
II:
78
80
81
82 par. 1, 2, 3, 4, 5
83
47, 84
85
86
87

TABLE A
Articles of
the Civil Code
1266k
12661
1266m
1266n
1266o par. 1
par. 2
1266p
1266q *
1266r
1266s
1266t
1266u
1266v
1266w
1266x
1266y par. 1
par. 2
1266z
1267 par. 1
par. 2
1267a par. 1
par. 2
par. 3
1267b
1267c
1267d
1268
1272
1273 par. 1
par. 2
1274 *
1275 par. 1
par. 2
1276
1277
1278
1279
1279a
1280
1281 *
1282
repealed
Ai rticles of
the Draft
II: 89
II: 90
II: 91
II: 92
II: 93
II: 94
II: 95
I: 210; II: 96
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
97
98
99
100
101
102
103
104
105
106
107, 108
110
109
111
112
113
115, 116
117
118
119
120
121
122
121
123
124
125
132 s.-par. 2
133
II 133 s.-par. 4
Others
655

656 TABLE A
Articles of
the Civil Code
1283 *
1284
1285
1286 *
1287 *
1288 *
1289
1290 par.
1291 *
par.
par.
1291a par
par
par
1291b
1291c
1292
1293
1294
1296 *
1297 *
1303
1304
1305
1306 *
1307
1308
1309 *
1310
1338
1339
1340
1341 *
1342
1343
1344
1345
1346
1347
1348
repealed
1
2
3
1
2
3
Articles of
the Draft Others
II: 135
II: 136, 137, 138, 139
II
II
II
II
II
II
II
II
II
II
140
141
142
143
144
145
146
147
149
54, 150, 151. 152
153, 155
II: 157
II: 148
II
II
II
132 s.-par. 4, 158
158
II: 158
II: 160
159 par. 1
I: 210; II: 161
II
II
II
II
II
II
II
11
II
II
162
163
164
165
166
167
168
170
171
172

TABLE A 657
Articles of
the Civil Code
1349
1350 *
1351
1352
1353
1353a *
1353b *
1354
1355
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368 *
1369
1370
1371
1372
1373
1374 *
1375 *
1376
1377
1378
1379
1380 *
1381
1382
1383
1384*
1385 *
repealed
Articles of
the Draft Others
II: 173
II: 174
II: 175
II: 176
II: 177
II: 178,
182
II: 178,
182
II: 177,
181,
II: 183
II: 185
II: 186
II: 187
II: 188
II: 189
II: 190
II: 191
II: 192
II: 193
II: 194
II: 195
II: 196
II: 197
II: 198
II: 199
II: 200
II: 201
II: 202
II: 203
II: 204
II: 205
179,
179,
178,
182
180,
180,
179,
181,
181,
180,

658 TABLE A
Articles of
the Civil Code
1386 *
1387 *
1388 *
1389 *
1389a
1389b *
1390 *
1391 *
1392 *
1393 *
1394 *
1395 *
1396 *
1397 *
1398 *
1399 *
1400
1401 *
1402 *
1403 *
1404 *
1405 *
1406
1407
1408
1409
1410 par. 1
par. 2
1411
1412
1413 *
1415 *
1425a
I425d *
1425e
1425f par. 1
par. 2
par. 3
1425h
1426 *
repealed
Articles of
the Draft Others
II: 206
II: 207
II: 208
II: 209
II: 210
II: 211
II: 212
II: 213
II: 214
II: 215
II: 216, 217, 218, 220,
221
II
II
II
II
II
222
223
224
225
47, 226

TABLE A
Articles of
the Civil Code
1427 *
1428 *
1429 *
1430 *
1431 *
1432 *
1433 *
1434 *
1435 *
1436
1437
1438
1439
1440
1441
1442
1443 *
1444 *
1445
1446
1447 *
1448 *
1449
1450 *
1472
1473 *
1474 *
1475
1476 *
1477
1478 *
1479
1480 *
1481 *
1482 *
1484
1485
1486 *
1487
1488
1489
* repealed
Articles of
the Draft Others
II: 227
II: 228
II: 47
II: 229
II: 230
II: 230
II: 231
II: 232
II: 233
II: 234
V: 350, 390
V: 389
V: 358
V: 382,467
IV: 522; V: 352, 354
V: 443
V: 357
V: 357
V: 387
659

660 TABLE A
Articles of
the Civil Code
1490 *
1491
1492
1493
1494 *
1495
1496 *
1497
1498
1499
1500
1501
1502
1503
1504 *
1505 *
1506
1507 *
1508 *
1509
1510
1511 *
1512 *
1513 *
1514 *
1515 *
1516 *
15 17 *
15 18 *
15 19 *
1520 *
1521 *
1522
1523
1524 *
1525 *
1526
1527 *
1528 *
1529
1530
* repealed
Articles of
the Draft
V: 359, 465
V: 359, 465
V: 367, 465
V: 372, 379,
V: 371
V: 368
V: 369
V: 397
V: 397
V: 397
V: 370
V: 359
V: 360
V: 426
V: 373
V: 374
V: 373, 375
V: 376
V: 377
Others

TABLE A
Articles of
the Civil Code
1531
1532
1533
1534
1535 *
1536 *
1537 *
1538 *
1539 *
1540 *
1541 *
1542 *
1543 *
1544
1545 *
1546 *
1547 *
1548 *
1549 *
1550 *
1551 *
1552 *
1553 *
1554 *
1555 *
1556 *
1557 *
1558 *
1559 *
1560 *
1561 *
1562 *
1563 *
1564 par. 1
par. 2
1565 *
1566 *
1567
1568
1569 *
1569a
repealed
Articles of
the Draft
V: 378
V: 379
V: 380
V: 381
V: 379, 388
V: 399
V: 408
V: 400, 402
V: 403, 405
V: 411
Others
661

662 TABLE A
Articles of
the Civil Code
1569b
1569c
1569d
1569e
1570 *
1571
1571a
1571b
1571c *
I 57 Id
1572
1573
1574
1575 *
1576
1577
1578
1579
1580
1581
1582
1583
1584
1585 *
1586
1587
1588 *
1589 *
1590 *
1591 *
1592 *
1593 *
1594 *
1595 *
1596 *
1597 *
1598 *
1599 *
1600
160 1
1602
* repealed
Articles of
the Draft Others
V: 413
V: 421
V: 421
V: 423 f >ar. 1
IV : 391; V: 430
V: 431
V: 431
IV : 393
V: 436
IV : 389, 392, 396
V: 424
V: 426
V: 427
IV : 396
V: 438
V: 439
V: 440
V: 444
V: 442
V: 445
V: 40^
V: 410
V: 490
V: 491
V: 492

TABLE A
Articles of
the Civil Code
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613 *
1614 *
1615
1616 *
1617
1618
1619
1620
1621
1622
1623 par. 1
par. 2, 3
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636
1637 *
1638 *
1639 *
1640 *
1641
1642
repealed
Articles of
the Draft
V: 493
V: 494
V: 495
V: 496
V: 497
V: 498
V: 499
V: 500
V: 501
V: 502
V: 503
V: 504
V: 505
V: 506
V: 507
V: 508
V: 509
V: 510
V: 511
V: 512
V: 513
V: 514
V: 515
V: 516
V: 517
V: 518
V: 519
V: 520
V: 521
V: 522
V: 523
V: 524
V: 525
V: 526
Others
663

664 l/\DloIo
Articles of
the Civil Code
1643
1644
1645
1646 par. 1
par. 2, 3
1647
1648
1649
1650
1651
1652
1653
1654
1655
1656
1657
1658
1659
1660
1661 par. 1, 2
par. 3, 4
1662
1663
1664
1664a par. 1, 2, 3
1664b
1664c
1664d
1664e
16641' par. 1
par. 2, 3, 4
1664g
1664h
1664)
1664k
16641
1664 m
1664n
1664o
I664p
1664q
repealed
Articles of
the Draft
V: 527
V: 528
V: 529
V: 530
V: 531
V: 532
V: 533
V: 534
V: 535
V: 536
V: 537
V: 538
V: 539
V: 540
V: 541
V: 542
V: 543
V: 544
V: 545
V: 546
V: 547
V: 548
V: 549
V: 550
V: 551
V: 552
V: 553
V: 554
V: 555
V: 556
V: 557
V: 538
V: 559
V: 560
V: 561
V: 562
V: 563
V: 564
V: 565
V: 566
V: 567
._ .._
Others

TABLE A
Articles of
the Civil Code
1664r
1664t
1664u
1664v
1664w
1665
1665a *
1666 *
1667 par. 1
par. 2
1668
1669 *
1670 *
1671 *
1671a *
1672 *
1673
1674
1675
1676 *
1677
1678 *
1679
1680 *
1681
1682a *
1682b *
1683 *
1684 *
1685 *
1686 *
1687
1688
1689
1690 *
1691
1692
1693
1694
1695 *
1696 *
repealed
Articles of
the Draft Others
V: 568
V: 569
V: 570
V: 571
V: 572
V: 573
I: 11; V: 667
V: 673
V: 674, 675, 677
V: 609
V: 618
V: 631
V: 636
V: 638
V: 632
V: 694
V: 687
V: 688
V: 695
V: 696
V: 696
V: 697, 705
665

666 TABLE A
Articles of
the Civil Code
1697 *
1697a *
1697b *
1697c *
1697d *
1701 *
1702 *
1703
1704 *
1705 *
1706
1707 *
1708 *
1709
1710
1711
1712
1713
1714
1715
1716
1717
1718
1719
1720
1721 *
1722
1723 *
1724
1725
1726
1727
1728
1729
1730
1731
1732 *
1733 *
1734 *
* repealed
Articles of
the Draft Others
V: 710
IV: 522 par. 1. 2: V: 711
V: 719
IV
IV
IV
IV
559; V: 714, 715
564, 565, V: 716
566
580, 591, 592, 593,
594 in fine, 596
V: 718, 743
IV: 597; V: 717
IV: 570; V: 721
IV: 571; V: 722
V: 723
V: 725
V: 724
V: 727
IV: 580, 583; V: 728, 743
IV: 598; V: 729
V: 730
IV: 599
V: 731
V: 733
IV: 572; V: 733
IV: 573; V: 734
V: 735

TABLE A
Articles of
the Civil Code
1735 *
1736 *
1737 *
1738 *
1739 *
1740 *
1741 *
1742 *
1743 *
1744 *
1745 *
1746 *
1747 *
1748 *
1749 *
1750 *
1751 *
1752 *
1753 *
1754 *
1755
1756
1757
1758
1759
1760
1761
1762 *
1763
1764 *
1765 *
1766 par.
par.
1767
1768
1769
1770 *
1771
1772 *
1773
1774
repealed
l
2
Articles of
the Draft
IV: 578, 585; V: 737
IV: 581; V: 720
V: 738
V: 740
IV: 574, 576; V: 741
IV: 584; V: 744
IV: 586; V: 745
V: 823
V: 829
V: 830
V: 832
V: 834
V: 835
V: 831
V: 827, 833
V: 833
Oth<
667

668 TABLE A
Articles of
the Civil Code
1775
1776
1777
1778
1779
1780
1781
1782
1783
1784 *
1785 *
1786
1787
1788
1789 *
1790
1791 *
1792
1793 *
1794 *
1795 *
1796
1797
1798 *
1799 *
1800 *
1801 *
1802
1803
1804
1805 *
1806 *
1807
1808
1809
1810
181 I *
1812
1813 *
1814
1815
repealed
Articles of
the Draft Others
V: 831
V: 826
V: 824
V: 837
V: 838
V: 824
V: 826
V: 824
V: 136, 827
V
V
V
840
1172,1174
1173
V: 1179
V: 1177
V: 801
V: 801
V: 803
IV: 527; V: 804
V: 808
V: 812
V: 811
IV: 498; V: 813
IV: 497; V: 809
V: 814
V: 807
V: 807

TAOL^A^ 669
Articles of Articles of
the Civil Code the Draft Others
1816
1816a *
1817 *
1818
1819 *
1820
1821
1822 *
1823 *
1827 *
1830
1831
1832 *
1833
1834 *
1834a *
1834b *
1835
1836 *
1837 *
1838 *
1839 par. 1
par. 2
1840
1841 *
1842
1843 *
1844 *
1845 *
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856 *
1857 *
* repealed
V: 807
V: 816, 818
V: 817
V: 820
V: 746
V: 751
V: 771
V: 749
V: 752
V: 753
V: 752
V: 754
V: 753
V: 755
V: 751
V: 757
V: 757
V: 757
V: 757
V: 756
V: 747, 759, 761
V: 759

670 TABLE A
Articles of
the Civil Code
1858 *
1859 *
1860 *
1861 *
1862 *
1863 *
1864 *
1865
1866 *
1867
1868
1869
1870 *
1871 *
1872
1873
1874 *
1875
1876
1877
1878
1879
1880
1881 *
1882
1883
1884
1885 *
1886 *
1887 *
1888 *
1889 *
1890 *
1891 *
1892
1893 *
1894 *
1895
1896 *
Articles of
the Draft
V: 761
V: 760
V: 763
V: 762
V: 779, 783
V: 779, 786
V: 782
V: 782
V: 782
V: 782
V: 782
V: 789
V: 784
V: 785
V: 758, 787, 788
V: 764, 767, 772
V: 771
896a
897 V: 774
* repealed
Others

TABLE A
Articles of
the Civil Code
1898
1899 *
1900
1901
1902
1903 par. 1
par. 2
1904 *
1905
1906 *
1907
1908
1909 *
1910
1911
1912
1913
1914 *
1915
1916 *
1917 *
1918
1919 *
1920 *
1921
1922
1923
1924
1925
1926
1927
1928 par. 1
par. 2
1929
1930 *
1931 *
1932
1933
1934 *
1935
1936 *
* repealed
Articles of
the Draft
V: 776
V:
V
V
V
V
775
1172,1174
1187
1187
1189, 1 190
V: 1188
V: 1176
V: 1177
V 1193
V : 1175
V : 1194
V : 1194
V: 1180
V: 1199
V: 1200
V: 1201
V: 1202
V: 1203
V: 1204
V: 1205
V: 1198
V: 1197
V: 1198
V: 842
V: 845
V: 844, 847
V: 848
Others
671

672 TABLE A
Articles of
the Civil Code
1937 *
1938
1939 *
1940
1941
1942 *
1943
1944 *
1945 *
1946 *
1947 *
1948
1949
1950 *
1951 *
1952
1953 s. -par.
1954
1955 *
1956 *
1957 *
1958 *
1959
1960
1961
1962 *
1963
1964 *
1965 *
1966
1966a *
1967
1968 *
1969 *
1970
1971 *
1972
1973 *
I, 2,
4
s. -par. :>
repealed
Articles of
the Draft Others
V: 849
V: 849
V: 852
V: 854
V:
V:
V:
V:
855
856
857
858
V: 862
V: 863
V: 864
V: 859
V: 850
IV: 296, 384
IV: 405
IV: 375, 384, 476
IV: 406 par. I

TABLE A
Articles of
the Civil Code
1974
1975
1976
1977 *
1978
1979
1979a
1979b
1979c par. 1
par. 2
1979e
1979f
1979g *
1979h *
1979i
1979J
1979k *
1980
1981
1982
1983 *
1984 *
1985 *
1986
1987
1988 par. 1
par. 2
1989 *
1990 *
1991 *
1992
1993 *
1994 *
1994a *
1994b *
1994c *
1994d *
1995 *
1996 *
1997 *
* repealed
Articles of
the Draft
IV: 338, 405, 409; V:
1178
IV: 407 par. 1
IV: 297, 408
IV: 313
IV: 386
IV: 317, 322, 327
IV: 317
IV: 432
IV: 435
IV: 317, 322, 327
IV: 317, 318
IV: 432
IV: 435
IV: 276; V: 193
IV: 279; V: 193
IV: 280
IV: 469
IV: 470
IV: 471 par. 1
IV: 471 par. 2
IV: 304
Others
—
673

674 TABLE A
Articles of
the Civil Code
1998
1999
2000
2001 *
2002 *
2003 *
2004 *
2005 *
2005a *
2006 *
2006a *
2007 *
2008 *
2009 *
2010 *
2011 *
2012 *
2013 *
2013a *
2013b *
2013c *
2013d *
2013e *
2013f*
2014
2015 *
2016
2017
2018
2019
2020 *
2021
2022 *
2023 *
2024 *
2025 *
2026
2027 *
2028 *
2030 *
2031 *
repealed
Articles of
the Draft Others
IV: 288 in limine
IV: 288
IV: 289 par. 1, 2. 3
III: 234
IV
IV
IV
IV
290, 415
297, 298, 300
291
292
IV: 483
IV: 367

TABLE A
Articles of
the Civil Code
2032 *
2034 par.
par.
par.
2035
2036
2037
2038
2039 *
2040
2042
2043
2044 par.
par.
2045
2046
2047
2048
2049
2050 *
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060 *
2061
2062
2063 *
2064 *
2065 *
2066 *
2067 *
2068 *
2069 *
2070 *
repealed
l
2
3
1
2
Articles of
the Draft
IV: 365
IV: 366
IV: 367
IV: 367
IV: 369
IV: 295
IV: 307
IV: 314
IV: 315; VIII: 67
IV: 306, 309, 462
IV: 302 par. 1
IV: 303
IV: 371, 372
IV: 299
IV: 421
IV: 468
IV: 423
IV: 464
IV: 469,470, 471 par. 1,
2
IV: 402
IV: 403
IV: 404
IV: 415
IV: 411,412
IV: 413
IV: 416
IV: 446
V: 366, 460,461
Others
• •
675

676 TABLE A
Articles of Articles of
the Civil Code the Draft Others
2071 *
2072
2073
2074
2075
2076
2077
2078
2079
2080
2081
2081a
2082
2083
2084
2085
2086
2087
2088 *
2089 *
2090 *
2091
2092
2093
2094 *
2095
2096 *
2097 *
2098
2099 *
2100 *
2101
2102 *
2103 *
2104
2105 *
2106 *
repealed
par. 1
par. 2, 3 *
par. 4
IV: 422
IV: 417
IV: 418
IV: 447
IV: 419
IV: 449, 450
IV: 424
IV: 420 par. 1
IV: 420 par. 1
IV: 472, 477 par. 1, 2,
478, 482
IV: 474
VIII: 64
VIII: 1
VIII: 89
VIII: 8
VIII: 2
VIII: 4
VIII: 30
VIII: 84
VIII: 31
VIII: 82
VIII: 83
IV: 462; VIII: 6, 46, 4
50 par. 3
VIII: 10
III: 234

TABLE A
Articles of
the Civil < "ode
2107 *
2108
2109
2110
2111
2112
2116
2116a
2116b
2117 *
2118 *
2119 *
2120 *
2120a
2121
2122
2123
2124
2125
2125a
2125b
2126
2127
2129a
2129b
2130
2131 par.
par.
par.
par.
2132
2133
2134
2135
2136
2137
2138
2138a
2139
2140
repealed
1
2
3
4
Articles of
the Draft Others
VIII: 6, 11
VIII: 6, 11
IV: 373, 374; VIII: 6, 46
VIII: 18
VIII: 18
VIII: 34
VIII: 6, 12
VIII: 6, 12
IV: 380, 381; VIII: 6, 34
IV: 380; VIII: 6, 34
VIII: 85
VIII: 86
VIII: 85
VIII: 34, 87
VIII: 34, 87
VIII: 26
VIII: 13
IV: 383, 394; VIII: 59
VIII: 15, 34
VIII: 30
IV: 378,421,461; VIII:
90
VIII: 33
VIII: 33, 35
VIII: 61,62
VIII: 63
VIII: 49
VIII: 41, 42
VIII: 49, 55
VIII: 48
VIII: 37, 38 par. 2
VIII: 38 par. 1
VIII: 39
VIII: 40
VIII: 37, 38 par. 2, 3
VIII: 43
677

678
Articles of
the Civil Code
2141
2142
2143
2144
2145
2147 *
2148
2149
2150
2151
2152
2152a
2153
2154
2155
2156
2157
2157a
2157b *
2158 *
2159 *
2160 *
2161 *
2161a *
2161b *
2161c *
2161d
2161e *
216If *
2161g
2161h
21611
2161j *
2161k
21611 *
2164 *
2164a *
2165 *
2166 *
2167 *
2168
repealed
Articles of
the Draft
IX: 20
IX: 20
IX: 20
IX: 20
VIII: 54
VIII
VIII
VIII
VIII
VIII
VIII
VIII
VIII
VIII
VIII
VIII
VIII
94, 97
98
99
102
105
105
106
107
109
109
110
111
VIII: 112
VIII
VIII
VIII
113
1 14
115
VIII: 116
VIII 65, 66, 68
Others
TABLE A

TABLE A
Articles of
the Civil ( ^ode
2169 *
2170 *
2171 *
2172
2172a *
2173 *
2174
2174a *
2175 par.
par.
par.
par.
2176 *
2176a *
2176b *
2176c *
2177 *
2178 *
2179 *
2180 *
2181 *
2181a *
2182 *
2183 par.
par.
par.
2183a *
2184
2185
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195
2196
2197 *
repealed
1
2
3
4
1
2
3
Articles of
the Draft
VIII: 79
VIII: 81
VIII: 72 par. 1
VIII: 74
VIII: 72 par. 2
VIII: 73
VII: 1
VII: 30
VII: 46
VII: 5
VII: 7
VII: 8
VII: 9
VII: 2
IX: 46
IX: 46
IX: 46
IV: 20 par. 1
IV: 23; VII: 33
IV: 20 par. 2
IV: 21 par. 1
IV: 22
Others
679

680 TABLE A
Articles of Articles of
the Civil Code the Draft Others
2198 par. 1
2199
2200
2201
2202
2203
2204
2205
2206
2207
2208
2209 *
2210 *
2211 *
2212 *
2213 *
2214 *
2215 *
2216 *
2217 *
2218 *
2219 *
zzzu
2221 *
2222
2223
2224
2225 *
2226
2227
2228
2229 *
2230
2231
2232
2233 *
2235 *
2236 *
2237
par. 2
par. 3
repealed
IV: 25 par. 1
IV: 26 par. 1
IV: 25 par. 2, 26 par. 2
IV: 24
VII: 34
VII: 31
VI: 2, 28
VII: 35, 38, 54
VII: 35
VII: 36
VII: 37
VII: 39
VII: 36
VII: 15
VII: 16
VII: 19, 20, 22
VII: 21 par. 1
VII: 24
VII: 23
VII: 25, 26, 27
V: 160; VII: 25, 26, 27
VII: 10, 1 1, 12
VII: 13

TABLE A
Articles of
the Civil Code
2238 *
2239
2240
2241 *
2242 *
2243 *
2244 *
2245 *
2246
2247 *
2248 *
2249 *
2250 *
2251
2252 *
2253
2254
2255 *
2256 *
2257
2258
2259 *
2260 *
2260a *
2261 *
2262 *
2263 *
2264
2265
2266
2267
2268
2269 *
2270 *
2278 *
2340 *
2341 *
2342 *
2346 *
2354 *
2355 *
repealed
Articles of
the Draft
VII: 14
VII: 3, 40
VII: 4
VII: 41
VII: 42
VII: 43
VII: 44
VII: 53 par. 1
VII: 28
VII: 21 par. 1,29
VII: 52
VII: 2
VII: 45
Others
681

682 TABLE A
Articles of Articles of
the Civil Code the Draft Others
2356 *
2357 *
2358 *
2359 *
2360 *
2361 *
2373 *
2374 IV: 323
2375 *
2376 *
2376a *
2376b *
2377 *
2377a *
2378 *
2379 *
2379a *
2380 *
2381 *
2382 *
2383 *
2384 *
2385 *
2386 *
2387 *
2388 *
2389 IV: 202
2390 *
2391 V: 581, 586
2392 IV: 202, 203, 204; V: 205
2393 IV: 205
2394 *
2395 *
2396 *
2397 *
2398 *
2399 *
2400 *
2401 *
2402 *
2403 *
* repealed

TABLE A
Articles of
the Civil Code
2406 *
2407 *
2408 *
2409 *
2410 *
2411 *
2412 *
2413 *
2414 *
2415 *
2416 *
2417 *
2418 *
2419 *
2420 *
2421
2422 *
2423 *
2424 *
2425 *
2426 *
2427 *
2428 *
2429 *
2430 *
2431 *
2432 *
2433 *
2434 *
2435 *
2436 *
2437 *
2438 *
2439 *
2440 *
2441 *
2442 *
2443 *
2444*
2445 *
2446 *
repealed
Articles of
the Draft
IV: 396
Others
683

684 TABLE A
Articles of
the Civil Code
2447 *
2448 *
2449 *
2450 *
2451 *
2452 *
2453 *
2454 *
2455 *
2456 *
2457 *
2458 *
2459 *
2460 *
2461 *
2462 *
2463 *
2464 *
2465 *
2466 *
2467 *
2468
2469
2470
2471
2472 par. 1
par. 2
par. 3
2473
2474
2475
2476
2477
2478
2479 *
2480
2481
2482
2483
2484
2485
repealed
Articles of
the Draft Others
V: 865
V: 866
V: 867
V: 868
V: 869
V: 870
V: 871
V: 872
V: 873
V: 874
V: 876
V: 877
V: 878
V: 879
V: 880
V: 881, 882
V: 883
V: 884
V: 885

TABLE A
Articles of
the Civil Code
2486
2487
2488
2489
2490 *
2491
2492 *
2493
2494
2495 *
2496 *
2497 *
2498
2499 *
2500
2501
2502
2503
2504
2505
2506
2507
2508
2509
2510
2511
2512
2513
2514
2515
2516
2517
2518
2519
2520
2521
2522
2523
2524
2525
2526
repealed
Articles of
the Draft
V: 886
V: 887
V: 888
V: 889
V: 890
V: 875
V: 291
IX: 20
V: 891
V: 892
V: 893
V: 894
V: 895
V: 896
V: 897
V: 898
V: 899
V: 900
V: 901
V: 902
V: 903
V: 904
V: 905
V: 906
V: 907
V: 908
V: 909
V: 910
V: 911
V: 912
V: 913
V: 914
V: 915
V: 916
V: 917
Others
685

686 TABLE A
Articles of
the Civil Code
2527
2528
2529
2530
2531
2532
2533
2534
2535
2536
2537
2538
2539
2540
2541
2542
2543
2544
2545
2546
2547
2548
2549
2550
2551
2552
2553
2554
2555
2556
2557
2558
2559
2560
2561
*
*
*
par.
par.
par.
par.
par.
par.
par.
par.
par.
*
*
par.
par.
*
repealed
1, 2, 3
4
1, 2
3
1
2
3
1
2
1
2
Articles of
the Draft Others
V: 918
V: 919
V: 921
V: 922
V: 923
V: 924
V: 925
V: 926
V: 927
V: 928
V: 929
V: 930
V: 931
V: 932
V: 933
V: 934
V: 935
V: 936
V: 938, 939
V: 940
V: 941
V: 942
V: 943
V: 944
V: 945
V: 946
V: 947
V: 948
V: 949
V: 950
IV: 320; V: 951
V: 952
V: 953
V: 954
V: 955

TABLE A
Articles of
theC ivil Code
2562
2563
2564
2565
2566
2567
2568
2569
2570
2571
2572
2573
2574
2575
2576
2577
2578
2579
2580
2581
2582
2583
2584
2585
2586
2587
2588
2589
2590
2591
2592
2593
2594
2595
2596
2597
2598
2599
par.
par.
par.
par.
*
par.
par.
*
*
repealed
1
2
1, 2
3
1
2
Articles of
the Draft Others
V: 956
V: 958
V: 959
V: 960
V: 961
V: 962
V: 963
V: 964
V: 965
V: 966
V: 967
V: 968
V: 969
V: 970
V: 971
V: 972
V: 973
V: 974
V: 975
V: 976
V: 977
V: 978
V: 979
V: 980
V: 981
V: 982
V: 983
V: 984
V: 985
V: 986
V: 987
V: 988
V: 989
V: 990
V: 991
V: 992
V: 993
V: 994
687

688 TABLE A
Articles of
the Civil Code
2600
2601
2602
2603
2604
2605
2606 *
2607 *
2608 *
2609 *
2610
2611
2612
2613 *
2614 *
2615
2616
2617
2618 *
2619 *
2620
2621
2622
2623
2624
2625
2626
2627
2628 *
2629
2630
2631
2632
2633
2634
2635 *
2636
2637 *
2638 *
2639
* repealed
Articles of
the Draft
V: 995
V: 996
V: 997
V: 998
V: 999
V: 1000
V
V
V
V
V
V
V
V
V
V
V
V
V
V
1016
1034. 1037, 1038
1034
1019
1021, 1023
1032
1042
1075, 1077, 1078
1075, 1077
1047, 1049
1048
1053
1046
1049
V: 1066, 1067, 1068,
1069
V 1070
V 1096
V 1085, 1091, 1092
V 1097, 1099
V 1006
V: 1009
V: 1080
Others

TABLE A 689
Articles of
the Civil Code
2640
2641
2642
2643
2644 *
2645
2646
2647 par. 1
par. 2
par. 3
par. 4
2648
2649 *
2650 *
2651 *
2652
2653
2654 *
2655 *
2656 *
2657 *
2658
2659
2660
2661 *
2662 *
2663
2664
2665 *
2666
2667
2668
2669
2670 *
2671
2672
2673
2674
2675
2676
repealed
Articles of
the Draft Others
V: 1081, 1082, 1162,
1166
V: 1081, 1162
V: 1082
V: 1166
V: 1071, 1072
V: 1100
V: 1101
V: 1104
V: 1106
V: 1109
V: 1100
V: 1122
V: 1124
V: 1025
V: 1027
V: 1140
V: 1109, 1110
V: 1111
V: 1112
V: 1110
V: 1110
V: 1111
V: 1105
V: 1116, 1118
V: 1119
V: 1117
V: 1120
V: 1130

690
Articles of
the Civil Code
2677
2678 *
2679 *
2680 *
2681 *
2682 *
2683 *
2684 *
2685 *
2686 *
2687 *
2688 *
2689 *
2690 *
2691 *
2692 *
2693 *
2694 *
2695 *
2696 *
2697 *
2698 *
2699 *
2700 *
2701 *
2702 *
2703 *
2704 *
2705 *
2706 *
2707 *
2708 *
2709 *
2710 *
2711
2712 *
2713 *
2715 *
repealed
Articles of
the Draft
V: 1126
IV: 396
Others
TABLE A

TABLE B
Articles of
the Draft
BOOK
1
2
3
4 *
5 *
6
7
8 *
Q *
10
11
12
13
14 **
15
16
17
18
19
20
21
22
23
24
25 *
26
27 **
28
29
30
31 **
32 *
33 *
34 **
35 *
36 *
37 *
* new
** new
ONE
article
law
Articles of
the Civil Code
18 par. 1
352
18 par. 2
985
352, 356 par. 2, 358, 364
13
13, 1667
19
20
19
21
22
23 par. 1 in limine
23 par. 2
23 par. 2, 3
23 par. 2 in fine, 3
608
2 18 par. 2
980
Others
Charter0), s. 5
" s. 5 to 9
" (in part)
Charter'", s. 39
Adoption' 21 , s. 9
691

692 TABLE B
Articles of
the Draft
38 **
39 *
40 *
41
42
43
44 **
45
46
47 *
48
49
50
51 **
52 **
53 **
54
55
56
57 *
58 *
59 *
60
61
62 **
63
63 par.
64
65
par.
66 par.
67
par.
68 par.
69 **
70 *
"7 1 + *
par.
par.
* new
** new
2
3
1
2
I
2
3
*
* *
*
* *
* *
* *
article
law
Articles of
the Civil Code Others
56a
56a
79
80
83 par. 2
83 par. 3
85
39
Adoption' 2 ', s. 38b
s. 38b
s. 38b
Name' 3 ', s. 2
s. 3
s. 3
s. 8
// s. 1 1 to 15
s. 11 to 15
// s. 1 1 to 15
Adoption' 2 ', s. 35

TABLE B
Articles of
the Draft
72 **
73
74 **
75 **
76 **
77 **
78 **
79 **
80 **
81 **
82
83
84 *
85
86 **
87
88 **
89 **
90 **
91 par.
91 par.
par.
par.
92 **
93 **
94 par.
par.
par.
95 *
96 **
Q-j **
98
QQ **
100 **
101 **
102
103 par.
par.
104
1
2 **
3
4 *
1
2 **
3
1
2
* new article
** new law
Articles of
the Civil Code
50
53a
54
65 s.-par. 1, 2, 3, 6
64
67
70
71 par. 1
71 par. 2
73
Others
Health am.' 4 ', s. 12
Health < 4 >, s. 40
" s. 40
s. 38
693

694 TABLE B
Articles of
the Draft
105
106
107
108 par.
109
110 **
par.
111 par.
112
113
par.
114 par.
115
116
117
118
par.
119 par.
par.
120 par.
121
122
123
124 *
125
126
127
128 **
129
130
131 *
132 *
par.
par.
i
1
I
2
1
2
1
2
1
2
3
133 s.-par.
s.-par.
s.-par.
s.-p; ir.
*
* *
*
1
2
3
4
* new article
** new law
Articles of
the Civil Code Others
73
73 par. 2 in limine
73 par. 2 in fine
75
51
246, 324
314
324
986
1002
1008
1003
1004
1007
1005, 304 par. 2, 3
1262
304 par. 1
304 par. 4
290
249
249, 337a
266
266
282 s.-par. 1
282 s.-par. 2
282 s.-par. 4
284
Health 141 , s. 36 par. 1
Health* 41 , s. 36 par. 2
" s. 36 par. 2
s. 37

TABLE B
Articles of
the Draft
134
135 **
136
137
138 par. 1
138 par. 2
par. 3 *
139 *
140 *
141
142
143 **
144 *
145 *
146
147 **
148 *
149
150
151 s.-par. 1 *
s.-par. 2 *
s.-par. 3
s.-par. 4 *
152 **
153 par. 1 *
par. 2
154 *
155
156
157
158
159
160 par. 1
par. 2
par. 3 *
161 **
* new article
** new law
Articles of
the Civil Code
272, 273, 274, 275, 276,
277, 278
249
274 par. 1
264 par. 1
264 par. 1
290
264 par. 1 in fine
290, 290a, 297, 298
269
286
285
289
289
288
Others
Curatorship' 5 ', s. 7
// par. 2
Adoption' 2 ', s. 38
a. 876a C.C.P.
Curatorship' 5 ', s. 32
// par. 2
// s. 32
695

696
Articles of
the Draft
162
163 **
164 **
165 **
166
167 **
168 in limine
s.-par. 1
s.-par. 2 **
s.-par. 3 **
169
170
171 **
1 -i"\ * *
173 **
174 **
175 **
176 **
177 **
178 **
i 70 **
180
181
182
183
184
185
186 **
187 **
188
189
190
191
192
193
194 *
195
196 par. 1
par. 2
* new article
** new law
Articles of
the Civil Code
285, 286
178
249
249
250
265
325, 326,336a, 336r
343
343
351
327, 336b
986
334 par. 2
335
334 par. 2
334 par. 2, 1002, 1008
304 par. 1
265
337a
Others
a. 881 C.C.P.
Mental' 6 *, s. 24
TABLE B

TABLE B
Articles of
the Draft
197
198
199
200
201
202
203
204
s.-par. 1
s.-par. 2
205
206
207 **
208
209
210
211 par. 1
par. 2 *
212
213
214
215
216
217
218
219
220
221
222
223 **
224
225 *
226 **
227 **
228
229 *
230
231
* new article
** new law
Artie rles of
the Civil Code Others
86
87
92
93, 98
108, 109, 1266r, 1310
103
99
109
100
101, 102
73 par. 2 in fine
107
104
105
106
304 par. 5 in limine
304 par. 5 in fine
292
292
Curatorship' M , s. 6
Mental' 6 ', s. 2
" s. 10
Curatorship' 5 ', s. 7
par. 1
s. 7
par. 2
s. 7
s. 6
Mental' 6 ', s. 24
Curatorship' 5 ', s. 33
Curatorship' s >, 5.31
Curatorship' 7 ', 7.04
697

698 TABLE B
Article* iOf
the Draft
232
233 **
234 **
235
236
237
238 **
239 **
240 **
241
242
243
244
245
246
247
248
249 *
250
251 *
252
253
254
255
256
257 *
258
259
260
261
262
263
264
265
266
267
268
269
270
* new
** new
article
law
Articles of
the Civil Code
308, 310
312
353
357 par. 1
357 par. 2
361
359, 360
358, 360
365
352
368, 369, 370
371
371
Others
Curatorship' 5 ', s. 24
s. 31
s. 32
Partnerships' 8 ', s. 1
Companies' 9 ', s. 131
a. 33 C.C.P.
Comp.' 9 ', s. 95
s. 95
s. 94
s. 101 s.-par. b,
103, 219
Corp.' 11 ". s. 133(2)
s. 133(3)
s. 133(4)
// s. 135(1)
s. 136
Comp.' g '. s. 96
// s. 96 s.-par. 2
s. 99, 100
Winding-up"", s. 4

TABLE B
Articles of
the Draft
271
272
273
274
275
276
277
278
279 **
280 **
281 **
282 **
283 **
284 **
285 **
286
287
288
289
290
291
292
293
294 *
295 **
296 *
297 *
298
BOOK TWO
1 *
2 *
3 *
4 *
5 *
6
7 *
8
* new article
** new law
Articles of
the Civil Code
352, 363
353
354
363
359
359, 360
356
116
1263
Others
Comp.' 9 ', s. 80,
88 s.-par. 1
s. 80 (in part)
s. 7, 83
Corp." 0 ', s. 101(3)
s. 101(4)
" s. 101(5)
s. 101(6)
s. 101(7)
s. Ill
" s. 116
a. 95 C.C.P.
699

700 TABLE B
Articles of
the Draft
9
10
11
12
13 par. 1 **
14
15
16
17
18
19
20 **
21
22
23
24
par. 2
25 s.-par. 1
26 **
s.-par. 2 *
s.-par. 3 *
s.-par. 4
s.-par. 5
27 s.-par. 1
28 *
29
30
31
32
33 **
34
35
36
37
38
39
s.-par. 2
s.-par. 3
par. 2
* new article
** new law
Articles of
the Civil Code
115
118
124, 125, 126
136, 137, 138, 139, 141
140
144
147
128
129 par. 1
129 par. 2
63
130
134b
134b
160
116
153
152
148 par. 1
148 par. 2
148 par. 2
149
117
153
156
163, 164
163
164
164
163, 208
163, 208
163, 164
Others
Civil marriage" 2 '

TABLE B 701
Articles of Articles of
the Draft the Civil Code Others
40 *
41
42
43
44
45
46 **
47
48
49 **
50
51
52 par.
par.
53
54
55
56 **
57
58 **
CQ **
60 **
61 **
62 **
63 **
64 **
65 **
66 **
67 *
68 *
69
70
71
72 par.
par.
par.
73
1
2
1
2
3
* new article
** new law
173, 175 par. I
174 par. 1
174 par. 2
177
178
173, 176, I266g, 1425h,
1438
180
182
181
183 par. 1
184
175
1292
184
396
1257, 1258, 1259
1260 par. 1
1260 par. 2
1261
1262 par. 1, 1263 par. 1

702 TABLE B
Articles of Articles of
the Draft the Civil Code Others
74 par. 1 1263 par. 1
par. 2 1262 par. 2, 1263 par. 2
75 1264
76 1265
77 1266 par. 1
78 1266b
79 *
80 1266c
81 1266d
82 par. 1, 2, 3, 4, 5 1266e
par. 6 **
83 1266f
84 1266g
85 1266h
86 1266i
87 1266j
88 **
89 1266k
90 12661
91 1266m
92 1266n
93 1266opar. 1
94 1266opar. 2
95 1266p
96 1266r
97 1266s
98 1266t
99 1266u
100 1266v
101 1266w
102 1266x
103 1266y par. 1
104 1266ypar. 2
105 1266z
106 1267 par. 1
107 1267 par. 2
108 1267 par. 2
109 1267a par. 2
110 1267a par. I
111 1267a par. 3
* new article
** new law

TABLE B
Articles of
the Draft
112
113
1 |4 **
115
116
117
118
119
120
121
122
123
124
125
126 *
i ">7 **
128
129 **
130 *
131 **
132 s.-par. 1,3*
s.-par. 2
s.-par. 4
133 s.-par. 1, 2, 3, 5
s.-par. 4
134
135
136
137
138
139
140
141
142
143
144
145
146
147
* new article
** new law
Articles of
the Civil Code
1267b
1267c
I267d
1267d par. 2 in fine
1268 par. 1, 2
1272
1273 par. 1
1273 par. 2
1275 par. 1, 1276
1275 par. 2
1277
1278
1279
413, 414
1279a
1303
1280
1280 s.-par. 1, 1282
1281
1284
1285 par. 1
1285 par. 2
1285 par. 3
1285 par. 1 in fine
1289
1290 par. 1
1290 par. 2
1290 par. 3
1291a par. 1
1291a par. 2
1291a par. 3
1291b
Others
703

704 TABLE B
Articles of Articles of
the Draft the Civil Code Others
148 1294
149 1291c
150 1292 par. 1
151 1292
152 1292 par. 2
153 1292 par. 3
154 **
155 1292 par. 4
156 **
157 1293
158 1303, 1304, 1307
159 par. 1 1305 par. 1
par. 2
par. 3
*
**
160 1308
161 1310
162 1338
163 1339
164 1340
165 1342
166 1343
167 1344
168 1345
169 **
170 1346
171 1347
172 1348
173 1349
174 1351
175 1352
176 1353
177 1354, 1357
178 1355, 1356, 1357
par. 2, 3
179 1355, 1356, 1357
par. 2, 3
180 1355, 1356, 1357
par. 2, 3
181 1355, 1356, 1357
par. 2, 3
* new article
** new law

TABLE B
Articles of
the Draft
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219 *
* new article
** new law
Articles of
the Civil Code
1355, 1356, 1357
par. 2, 3
1358
1358 in limine
1359
1360
1361
1362
1363
1364
1365
1366
1367
1369
1370
1371
1372
1373
1376
1377
1378
1379
1381
1382
1383
1389a
1400 par. 1, 3
1406
1407
1408
1409
1410 par. 1
1410 par. 2
1411 par. 1
1412
1425a par. 1
1425a par. 2
1425a par. 2
Others
705

706 TABLE B
Articles of
the Draft
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
*
*
s.-par. 1
s.-par. 2,
par. 2
par. 1
par. 2
* new article
** new law
Articles of
the Civil Code Others
1425a par. 5 in limine
1425a par. 5 in fine
1425e
1425fpar. 1
1425fpar. 2
1425f par. 3
1425h
1436
1437
1439
1440, 1441
1442 par. 1
1445 par. 1
1446
1449
185
208, 212, 213
170, 213
186, 187, 188, 189, 190, Divorce' 131 , s. 3, 4
191
s. 3. 4
s. 4( 1 )c
s. 4( 1 )d
s. 9( 1 )a,
a. 813 C.C.P.
s. 7, 8, 13
// s. 8
s. 9(1 )f
s. 8( 1 )
197 par. 2 /> s. 9(2)
198
200 par. 2
a. 820 C.C.P.
a. 814 C.C.P.
200 Divorce ,l3 \ s. 10
200 >t s. 10
212 // s. 12

TABLE B
Articles of
the Draft
254
255 *
256 *
257
258
259
260
261
262
263
264
265
266 par. 1
par. 2 **
267
268 **
269 *
270 *
271 *
272
273 *
274 *
275 par. 1
275 par. 2 **
276
277
278
279
280 **
281 **
282
283
284
285
286 **
287
288
289 *
290
* new article
** new law
Articles of
the Civil Code
2 12 par. 1 in fine
213
185, 206
206, 207
208 par. 1
2 11 par. 1
216
208
217
218
227
241
219
219,220
223
225
224
228, 229
230
231
231
232
234
236
Others
a. 497 C.C.P.
70'

708 TABLE B
Articles of
the Draft
291 **
292
293
294 **
29s **
296
297
298
299
300
301 **
302 **
303 **
304 **
305 **
306 *
307 par. 1, 2, 3, 4
s.-par. 5 **
308 **
309 **
310
311 **
312
313
314
315
316
317
318 par. 1
par. 2 **
319 **
320 *
321
322
323 **
324
325
326 **
327 **
* new article
** new law
Articles of
the Civil Code Others
Adoption' 2 ', s. 2
// s. 3
Adoption' 2 ', s. 4
it s. 7
// s. 6a, 7b, 7c
// s. 6a
s. 10
n s. 7d
s. 6b. 7a. 7d.
7e
s. 8
s. 9
" s. 9 in fine
Adoption* 2 *, s. 1 1
s. 13, 15, 16
s. 16
s. 17
II
II
II
II
s. 14, 25
s. 38
s. 38
s. 38a

TABLE B
Articles of
the Draft
328 *
329
330
331
332
333
334
335
336
337
338 **
339 *
340 par. 1
par. 2 *
341
342
343 *
344
345 *
346 *
347
348 par. 1
par. 2 *
349 *
350
351 *
352
353
354
355 **
356 *
357 *
358 **
359 **
360 **
361 **
362 **
363 **
364 **
* new article
** new law
Articles of
the Civil Code
165, 173
212
169
200
208, 212, 213
171, 172
170, 213
243
242
165,240,245
174,248
Others
Adoption' 2 '
n
a
a
a
a
a
n
, s. 38c
s. 40
s. 31
s. 31
s. 42
s. 44
s. 43
s. 11
a. 553 s.-par . 4 C.C.P.
709

710 TABLE B
Articles of
the Draft
365 **
366 **
367
368 *
369 *
370 *
BOOK THREE
2
3
4
5
6
7
8 *
9 **
10 **
11
12
13 **
14 *
15
16
17
18 *
19 *
20
2 1 *
22 *
23
24
25 **
26
27
28
29
30
31
* new
** new
article
law
Articles of
the Civil Code Others
60
600
597
599
608
603, 604, 605
610, 893
612
613
607
607 in fine
891
870
598, 606
614
6 15 in limine
615 in fine, 616 par.
616 par. 2
616 par. 3, 4
617
618
Youth" 4 ', s. 15

TABLE B
Articles of
the Draft
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
*
**
* *
*
**
**
**
**
**
**
**
**
**
**
**
new
new
article
law
Articles of
the Civil Code Others
619
620
621
622
613,624
624 par. 2, 654 in limine
623
716
624a, 624b par. 2, 3, 4
624d
624b par. 1, 625 par. 2
625 par. 1
625 par. 3
626, 627, 631
626, 627
632
633
628, 629, 634 par. 1
629
634 par. 2
634 par. 3
635 par. 2
635 par. 1
636
639
640
711

712
Articles of
the Draft
70 **
71 **
72 **
73 **
74 **
75 **
76 **
-i-i * *
78 **
79 * *
80 **
81 **
82 **
83
84
85
86
87
88
89
90 **
91 **
92
93
94 par.
par.
95 *
96 **
97
98 *
99
100
101
102
103
104
105
106 **
107
* new
** new
1
2
article
law
Articles of
the Civil Code
641
642
301, 643
658
664, 666
669
667, 669
648, 649
650
666
668
681
650a
644
645
646
665
647
659, 670
656
Others
TABLE B

TABLE B
Articles of
the Draft
108
109
110
111
112
113
114
115
116
117 **
118
119 **
120
121 **
122
123
124
125 *
126
127
128
129
130 *
131
132
133 *
134
135
136 *
137
138 **
139
140
141
142
143
144
145
146 **
* new
** new
article
law
Articles of
the Civil Code
651 in limine
651 in fine
652, 653
654 in fine
657
655 par. 1
655 par. 2
660
683
662
663
671
672,673
676 par. 1
676 par. 2
674
675 par. 1
676 par. 3
676 par. 2
680
676a
678
677 par. 2
677 s.-par. 1
677
679
672 par. 2
672 par. 1
682
Others
a. 917 C.C.P.
71

714
Articles of
the Draft
147 **
148 **
149
150
151
152
153
154
155 **
156 **
157 **
158 **
159 **
160 **
161 **
162 *
163 *
164 **
165 **
166 **
167 **
168 **
169
170
171
172
1 -J-* **
174
175 **
176 *
177
178
179
180
181
182
183
184
185 *
* new
** new
article
law
Articles of
the Civil Code
684, 686 par. 2
685
686 par. 1
687
688
688
735
736, 737
735 par. 4
738
878
739
740
742
743
743
743 in fine
693 par. 1
Others
a. 1 16 C.C.P.
TABLE B

TABLE B
Articles of
the Draft
186 *
187
188
189 par. 1
par. 2
190 *
191
192
193
194 **
195
196 *
197
198
199 **
200 **
201
202
203
204
205
206 *
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221 *
222 *
* new article
** new law
Articles of
the Civil Code
692
693 par. 2, 709
693 par. 3
659
705
705 in fine, 706
702, 707
703, 704
697
733 par. 1, 734
697, 698
697, 698
745
711
700, 712
717
713
718, 723
724, 725, 726, 728
731 par. 1
701
733 par. 2, 734 in fine
729, 730
727
729, 730, 732, 733 par. 2,
734
731 par. 2
722
700
Others
a. 895 C.C.P.
715

716 TABLE B
Articles of
the Draft
223 *
224 *
225 *
226
227 *
228 *
229
230
231
232
233 *
234
235
236
237
238
239
240
241 *
242
243
244
245 **
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
* new article
** new law
Articles of
the Civil Code Others
746
748
750 par. 3
748 par. 2
749
2014, 2104
751
751
751
752
753
831
756, 898
898 in fine
899
835
834 par. 2, 3
833
841
834 par. 1
837
836
838
937
842
855
843, 844 par.
843
844 par. 1, 2
844 par. 1, 2
844 par. 1, 2
—-

TABLE B 717
Articles of Articles of
the Draft the Civil Code Others
262
263 *
264 **
265
266
267
268
269 *
270
271
272
273
274
275
276
277 *
278 *
279
280 *
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
* new article
** new law
845
847
843, 847
847 par. 1
850
851 par. 1
851 par. 2
852
852
857
858
861
892 s.-par. 1
892 s.-par. 3, 860 par. 3
892 s.-par. 1, 894, 895
par. 1
895 par. 2
892 s.-par. 4, 897
896
863
873 par. 1
873 par. 2
873 par. 3
873 par. 4
864
840
900
901, 904
903
865
868 par. 1
868 par. 2
868 par. 4

718 TABLE B
Articles of
the Draft
300
301 *
302
303
304
305
306
307
308
309
310
311
312 *
313 *
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335 *
336 *
337
338
* new
** new
article
law
Articles of
the Civil Code
760
846
853 par. 1
902
893 s.-par. 2
893 s.-par. 1
881
866, 867, 874
891
871
888
882, 883
875
876
877
880
884
885
879, 886
887
889
741, 889 par. 1
889 par. 2
889 par. 3
890
905, 923, 924 par. 1
924 par. 2
905 par. 5
924 par. 3
907 par. 1, 909
908
910 par. 1
912
910 par. 5
Others

TABLE B 719
Articles of Articles of
the Draft the Civil Code Others
339 910 par. 2
340 910 par. 3
341 919
342 913 par. 2, 915, 919 par.
1
343 916
344 *
345 *
346 918 par. 1
347 **
348 919 par. 1
349 918 par. 2, 4
350 921
351 **
352 914, 919 par. 5, 7
353 *
354 925
355 931
356 927
357 *
358 928, 968 par. 1
359 929 par. 2, 5
360 976
361 **
362 **
363 932
364 *
365 *
366 933
367 926, 930 par. 4
368 930
369 935
370 935
371 952
372 944
373 945
374 946
375 946
376 947
* new article
** new law

720 TABLE B
Articles of
the Draft
377
378
379
380
381 *
382 *
383 **
384 **
385
386 *
387
388
389
390
391 *
392 *
393
394 **
395
396
397
398
399
400
BOOK
1 *
2 *
3
4 *
5
6
7
8
9
10
11 *
12 *
13
* new
** new
FOUR
article
law
Articles of
the Civil Code
947
949a
949
948 par. 2
955, 956
950
956
961, 963
965
962
958
947 par. 5
947 par. 4
966
966
967
374
376
378
379, 380
386 par. 2
75,381
379, 380
585
Others

TABLE B 721
Articles of
the Draft
14 *
15
16 *
17
18
19
20 par.
par.
2 1 par. 1
par. 2 *
22
23
24
25 par. 1
par. 2
26 par. 1
par. 2
27
28
29 *
30 *
31 *
32
33
34
35
36 *
37
38 *
39
40
41
42 *
43
44
45
46
47
* new
** new
1
2
article
law
Articles of
the Civil Code Others
588, 589, 590, 591, 592,
593, 594
586
401, 584
405
2192
2194
2195
2196
2193
2199
2198 par. 1
2198 par. 3
2198 par. 2
2198 par. 3
412
2202 par. 1
417
411 par. 1
406
408
414
528, 529
502
503
407
504
501
539
505, 520

722
Articles of
the Draft
48
49
50 *
51 *
52
53 **
54
55
56
57
58
59
60
61
62 *
63
64
65
66
67 *
68
69 *
70 *
71
72
73 *
74
75
76
77
78
79
80
81 *
82 *
83
84
85
86
* new article
** new law
Articles of
the Civil Code
527
523, 524, 525
518
510
514, 519
512, 513
515, 516
517
533
534, 535
536
538
540
541, 542
543
544
583
408, 413
415
416
417
417 par. 2, 3
417 par. 2, 3
417 par. 4
417
418
419
420
421
Others
TABLE B

TABLE B 723
Articles of
the Draft
87
88
89
90
91
92
93
94
95
96 **
97 *
98 *
99
100
101
102 *
103 *
104
105 *
106
107
108
109 **
110
111
112
113 *
114 **
115 **
116 par. I, 2
par. 3
117
118
119
120
121
122 par. 1
par. 2
123
* new article
** new law
Articles of
the Civil Code Others
423
424
426
427
429 to 44la
429 to 441 a
441
443, 446
444
462 par. 1
463
483
452
447
448
449
450
450 par. 2
451
455 par. 1
456
455 par. 3
460
461
458, 459
457
462 par. 2
462 par. 3
463

724 TABLE B
Articles of
the Draft
124 par. 1
par. 2 **
125
126
127 *
128 *
129 *
130 *
131
132
133
134 *
135 *
136
137
138
139
140
141
142
143
144 *
145
146
147
148
149
150
151
152
153 *
154
155
156 **
157
158 par. 1
par. 2 *
159 *
160 *
* new article
** new law
Articles of
the Civil Code Others
464
465, 467
466
468
468
469
471
473
472
474
475
476
454
479, 481
479, 482
479 par. 3, 4
479 par. 5, 485
486
477
478
480
487
494, 497
493, 495
498
499

TABLE B
Articles of
the Draft
161
162
163 *
164
165 *
166
167
168
169
170
171 *
172
173
174 *
175
176 *
177
178
179
180 **
181 *
182 *
183 *
184 **
185 **
186 **
187 **
188 **
189 **
190 *
191 *
192
193
194
195 *
196 **
197
198
199
* new article
** new law
Articles of
the Civil Code
547
548
551
545 par. 2
552 par. 1
553, 554
555
556
558
557
561
562
563
564
710
710
710
689
689
689 par. 1
Others
725

726 TABLE B
Articles of Articles of
the Draft the Civil Code Others
200
201 par. 1 *
par. 2
par. 3 *
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
* new article
** new law
689 par. 2
747
2389, 2392 par. 1
2392 par. 2
2392 par. 3
2393
441b
441c
441d
441e
441f
441g
441h
441i
44 lj
441k
4411
441m
441n
441o
441p
441q
441r
441s
441t
44 lu
441v
44 Iw
441x
441y
441z
442
442a
442 b
442 c
442d
442 e

TABLE B
Articles of
the Draft
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251 par. 1
par. 2 *
par. 3 *
252
253 par. I
par. 2 *
254
255
256
257
258
259
260 *
261 s.-par. 1
s.-par. 2
262
263
264 *
265 *
266 *
267 *
268 **
269 **
s.-par.
s.-par.
* new article
** new law
3
4 *
Articles of
the Civil Code Others
442 f
442 g
442h
442i
442j
442k par. 2
4421
442m
442 n
442o
442p
567
568
569, 570
571
573 par. 1
574
574
575
576
577 par. 1
578
577 par.l
579 par. 2 s.-par. 1
579 par. 2 s.-par. 3
579 par. 2 s.-par. 2
581
582
727

728 TABLE B
Articles of
the Draft
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
* *
* *
**
**
* *
* *
par. 1
**
* *
**
* *
**
*
in limine
s.-par.
s.-par.
s.-par.
s.-par.
par. 1
par. 2,
* *
*
*
par. 1
par. 2
1
2
3
4
3
* *
* new article
** new law
Articles of
the Civil Code Others
980
1981 in fine
1982
419, 441
1998 par. 1 s.-par. 1
1999 s.-par. 1
1999 s.-par. 2
1999 s.-par. 3
1999 s.-par. 4
2000 par. 1
2000 par. I
2016
2018
2019
2037
1966 par. 2
1976, 2017
2017 par. 3
2046
2017 par. 4
2044 par.
a. 553 s.-par. 3 C.C.P.
a. 552 par. 1 s.-par. 1. 2
C.C.P.

TABLE B
Articles of
the Draft
303
304
305
306
307
308 *
309
310 **
311 **
312 **
313
314
315
316 *
317
318
319 *
320
321 **
322
323
324 **
325 **
326 **
327
328 **
329 **
330 par. 1 **
par. 2
331 **
332 **
333 **
334 **
335 *
336 **
337 **
338
* new article
** new law
Articles of
the Civil Code
2044 par. 2
1992
2043
2038
2043
1978
2040
2042
1979a par. 1, 1979b,
1979fpar. 2
1979fpar. 2
2556
1979a, 1979e
2374
1979a, 1979e
1974
Others
a. 552 C.C.P.
Spec. Powers" 5 ', s. 25
729

730 1ADLC
Articles of Articles of
the Draft the Civil Code Others
339 *
340 *
341 *
342 *
343 *
344 *
345 1192
346 **
347 **
348 **
349 **
350 **
351 **
353 **
354 **
355 **
356 **
357 **
358 **
359 **
360 **
361 **
362 **
363 **
364 **
365
366
367
368 **
369
370 *
371
372
373
374
375
376 **
377 *
* new article
** new law
2034
2034
2026, 2034 par. 3. 2035
2036
2045
880, 2045 :
2110
2110
par. 1
par. 2
par. 3
1970, 2082
B

TABLE B
Articles of
the Draft
378
379 *
380
381
382 **
383
384
385 **
386
387 *
388 **
389
390 **
391
392
393
394
395
396
397 **
398 **
399 **
400 *
401 *
402
403
404
405
406
407 par. 1
par. 2 **
par. 3 **
408
409
410 *
411
412
413
414 **
* new article
** new law
Articles of
the Civil Code
2130 par. 6
2120a, 2121
2120a
2127
1966, 1970
1979
1573
1571
1573
1571d
2127
1192
1573, 1578,2421,2711
2053
2054
2055
1967, 1974
1972
1975 par. 1
1976 par. 2
1974 par. 1, 2
2057
2057
2058
Other;
731

732
Articles of
the Draft
415
416
417
418
419
420 par. 1
par. 2
421
422
423
424
425 **
426 **
427 **
428 **
429 **
430 **
431
432
433 **
434 **
435
436 *
437 *
438 **
439
440
441
442 *
443 *
444 **
445 **
446
447
448
449
450
451
* new article
** new law
Articles of
the Civil Code
2016, 2056
2059
2073
2074
2076
1040b, 2079, 2080
1040b par. 2
2047, 2130
2072
2049
2078 par. 1
1979c par. 1 s.-par. 2
1979i s.-par. 2
1979c par. 2, I979J
1040a, 1040b
1040a par. 1
1040a, 1040b
2061
2075
2077
2077
1202b s.-par. a
Others
TABLE B
Spec. Powers " >l . s. 25
a. 540 C.C.P.

TABLE B
Articles of
the Draft
452
453
454
455
456
457
458 *
459 **
460 **
461
462
463 **
464
465
466
467 *
468
469
470
471 par. . 1
par . 2
472
473 *
474
475 **
476
477 par . 1
par . 2
478
479 **
480 **
481 **
482
483
484
485
486 **
487 **
488 **
* new article ;
** new 1 law
Articles of
the Civil Code
1202c
1202P
1202g
1202h
1202i
1202d
2130
2043, 2098 par. 7
2051
2048
1986 par. 1, 2052
1987, 2052
1988 par. 1, 2052
1988 par. 2, 2052
2081
2081a par. 1
1970
2081 s.-par. 1
2081 s.-par. 6
2081 s.-par. 3
2081 s.-par. 6
2021
1176
1177, 1178
Others
a. 717 C.C.P.
a. 718 C.C.P.
733

734 TABLE B
Articles of
the Draft
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
* *
*
* *
*
*
*
*
**
par.
par.
*
*
*
*
*
*
*
*
* *
* *
**
*
*
*
*
*
**
**
* *
**
par.
par.
* *
*
1 *
2
1, 2
3
* new t I rticle
** new 1 aw
Articles of
the Civil Code Others
1810
1809
919 par. 6
981k
1484, 1706
1484 par. 6
290
a. 453 C.C.P.

TABLED 735
Articles of
the Draft
526 *
527
528
529
530 *
531 *
532 *
533 *
534 *
535 *
536 *
537 *
538 *
539 *
540 *
541 *
542 *
543 *
544 *
545 *
546 *
547 *
548 *
549 *
550 **
551
552
553
554
555
556
557
558 **
559
560
561 **
562
563 *
564
* new article
** new law
Articles of
the Civil Code Others
1803
763
981q
981o
981opar. 2
981p
981r
981s
981t
1710
981u
913 par. 3
1711
a. 59 C.C.P.

736
Articles of
the Draft
565
566
567
568 **
569 **
570
571
572
573
574
575 **
576
577 **
578
579 *
580
581
582
583
584
585
586
587
588
589 *
590
591
592
593
594
595 **
596
597
598
599
600
601
602 *
603 *
* new
** new
article
law
Articles of
the Civil Code
1711 par. 1
981m, 1712
98 If
98 li, 1715
1716
1729 par. 1
1730
1759
1759
1755 s.-par. 4, 5
1713, 1722
1756
917, 98Id
1722
1760
920, 98le, 1755 s.-par. 3
1761
981/ par. 1
913 par. 4, 981m par. 1
981g
981/ par. 2, 1713
981/ par. 1, 1713
1713
1713
1713 in fine
1714
1724
1726
981a
981a
• " _
Others
TABLE B

TABLE B
Articles of
the Draft
604 *
605
606 **
607 **
608
609 *
610 **
611 *
612
613 par. 1
par. 2
614
615
616 **
617 *
618 *
619
620 *
621 **
622 **
623
624 **
625 **
626
627 *
628 *
629 **
630
631 *
632
633 **
634 **
635 *
636 **
637 **
638 **
BOOK FIVE
1
* new article
** new law
Articles of
the Civil Code
869
981a
981c
981a
777 par. 3
838 par. 2
838 par. 1
935 par. 2
98 lj par. 1
981d
981/
932
1058
Others
737

738 TABLE B
Articles of
the Draft
2 par.
par.
3
4 *
5 *
6 *
7 *
8 par.
par.
9
10 **
11
12 *
13 *
14 *
15 *
16 *
17-*
18 **
19 **
20 *
21 *
22 *
23 *
24 **
25 **
26 **
27 *
28
29
30
31
32 *
33
34
35
36
37 **
38 *
1
2
1, 3 *
2
* new ' article
** new ' law
Articles of
the Civil Code
1062
1060 par. 1, 2
983
13
984
988
986 par. 5
991
992
993
994
995
997, 998
996
Others

TABLE B
Articles of
the Draft
39 *
40 **
41
42 *
43 *
44 *
45 **
46 *
47 *
48 *
49 *
50 *
51 **
52 par. 1 *
par. 2, 3 **
53 *
54 par. 1
par. 2, 3 *
55 **
56 *
57 **
58 *
59 *
60 *
61 **
62
63
64
65
66
67
68
69 *
70 *
71
72
73
74
75 par. 1 *
par. 2 **
* new article
** new law
Articles of
the Civil Code
1022
1011
1013
1015, 1016, 1017
1014
1018
1021
1020
1019
1024
1023
1028, 1030
1022 par. 3
Others
739

740 TABLE B
Articles of Articles of
the Draft the Civil Code Others
76 **
77 *
78 *
79 1212
80 *
81 *
82 *
83 1028
84 *
85 1029
86 *
87 *
88 1029
89 *
90 *
91 *
92 *
93 **
94 1053
95 **
96 * 1057 par. 4
97 1054 par. 2, 6
98 1054 par. 3, 5
99
100
1054 par. 7
— . r — .
1054 par. 1, 5, 1055 par.
1,2
I ~>
101 par. I
par. 2 **
1055
102
103 **
104 1043
105 1043
106 1044
107 **
108 1045 par. 2
109 * *
10 1046
11 * *
* new article
** new law

TABLE B
Articles of
the Draft
112 *
113 *
114 *
115 **
116
117
118
119
120
121
122
123
124 **
125 *
126
127 *
128 *
j29 **
130 *
131
132 *
133 **
134
135 *
136
137
138
139 *
140
141
142 **
143 **
144
145
146 *
147
148
* new article
** new law
Articles of
the Civil Code
1047, 1048
1047 par. 1
1048 par. 2
1050
1050 par. 2
1051
1047, 1049
1052
1011
1089
1091
1783
1090
1090
1092
1079
1080 par. 1
1080 par. 2
1081
1082
Others
Consumer" 6 ',
" s. 68 par. 1, 2
" s. 70
741

742 TABLE B
Article* >of
the Draft
149
150
151
152
153
154
155
156
157
158
159 **
160
161
162
163
164
165 **
166 *
167
168
169
170
171 *
172
173 *
174
175 *
176
177 *
178
179
180
181 *
182
183
184 *
185 *
186
187
* new
** new
article
law
Articles of
the Civil Code
1083
1084
1086
1085
1079
1085, 1088
1087, 1088
1103
1104
1105
1109, 1111, 2231
1103
1107
1108
1112
1114
1115 par. 1, 2
1115 par. 3
1116
1118 par. 1
1120
1118 par. 2
1 100
1100
1101
1121, 1124 s.-par. 2
1127
1093
1094
.. _
Others

TABL1 EB
Articles of
the Draft
188 *
189
190
191 *
192 *
193
194 *
195
196 **
197
198
199
200 **
201
202 **
203
204 *
205
206
207 *
208
209
210
211
212
213
214
215
216
217
218
219
220 **
221
222
223
224
225
226
* new
** new
article
law
Articles of
the Civil Code Others
1095
1095, 1096, 1097, 1098
1980, 1981
1031
1032, 1033
1035, 1036, 1038
1034
1039
1040
1139
1140 par. 2
1143
1148
1151
1149
1144
1146
1145
1147
1140 par. 1
1141, 1142
1152
1153
1154
1155
i 155 par. 1
1155 par. 2
1156
1157 in limine
_
743

744 TABLE B
Articles of
the Draft
227
228
229
230 **
231
232 **
233 **
234 **
235 **
236
237
238 **
239 **
240
241
242
243 *
244 *
245*
246
247
248
249
250 **
251
252
253
254
255 *
256 *
257 *
258 *
259 *
260 *
261 *
262
263 *
264 *
265 *
* new
** new
article
law
-
Articles of
the Civil Code
1157 in fine
1173
1 173 in fine
1163
1164
1165 par. 2, 3
1162 par. 1
1 162
1166
1167
1158
1 159
1 160
1161
1065
1069, 1070 in fine
Others
a. 187, 188 C.C.P.
a. 189 C.C.P.
Deposit" 7 ', s. 68
a. 191 C.C.P.

1ABLE B
Articles of
the Draft
266
267
268 *
269 **
270
271 *
972 **
273 **
274 *
275 *
276 **
277 **
278 *
279 *
280 *
281 *
282 *
283 *
284 *
285 *
286 *
287 *
288
289 *
290
291
292
293 *
294
295
296 **
297
298 par. 1, 2
par. 3 **
299
300 *
301 *
302 *
303 *
* new article
** new law
Articles of
the Civil Code
1077, 1200, 1202
1065
1066
1065
2494
1056b par. 4
1073
1074, 1075
1056c par. 1, 2
1077
1078
Others
Charter'", s. 49
745

746 TABLE B
Articles of
the Draft
304
305 *
306 **
307
308
309
310 **
311 *
312 *
313 *
314
315
316 **
317
318
319
320
321
322
323
324
325
326
327 *
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
* new
** new
article
law
Articles of
the Civil Code
1131
1133
1135
1134
1187, 1188
1188
1193
1189
1190
1195
1191 par.
1101 par.
1191 par.
1191 par.
1192
1196
1197
1 169
1171
3
2
1
2
1176, 1177, 1178
1 179 par. I, 3
1 101 par. 2
1198
1 199 par. 1
1 199 par. 2
1113
1101 par. 2
1181 par. 1
1181 par. 2
1183
1184
_ .
Others

TABLE B
Articles of
the Draft
343
344
345
346
347
348 *
349
350
351 **
352
353 *
354
355 *
356 *
357
358
359
360
361 *
362 *
363 *
364 *
365 *
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
* new article
** new law
Articles of
the Civil Code
1101 par. 2
1182, 1185 par. 2
1185 par. 3, 1186
1200
1202
1138
1472 par. 1
1484
1484 par. 2
1487, 1488
1477
1491, 1492, 1506
1509
2062
1493
1498
1499
1503
1497
1495
1522, 1526
1523
1526
1529
1530
1531
1495, 1532, 1544
1533
Others
747

748 TABLE B
Articles of
the Draft
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
par. 1
par. 2 *
*
*
*
*
*
*
*
*
* *
* *
* *
**
* *
**
* *
* *
**
* new article
** new law
Articles of
the Civil Code
1534 par. 2
1479
1025
1026
1027 par. 2
1489
1544
1475
1472 par. 2
1500, 1501, 1502
1564 par. 1
1567
1567
1568 in limine
1568 in fine
1564 par. 2
1586
1587
1569a
1569b par. 1
Others
a. 694 C.C.P.
a. 686d C.C.P.

1ABLE B
Articles of
the Draft
419 **
420 **
421
422 **
423 par. 1
par. 2, 3 *
424
425 **
426
427
428 **
429 *
430
431
432 **
433
434 *
435 **
436
437 **
438
439
440
441
442
443
444
445
446
447 *
448 *
449 *
450 *
451 *
452
453
454
455
456 *
* new article
** new law
Articles of
the Civil Code Others
1569c, 1569d
1569e s.-par. b
1574
1510, 1576
1577
1571
1571a, 1571b
1145
1572
1579
1580
1581
710
1583
1485
1582
1584 s.-par. 1, 3
755, 777, 791
763 par. 1
303, 789, 792
773
758
*
749

750 TABLE B
Articles of Articles of
the Draft the Civil Code Others
457 778 par. 1 in fine
458 *
459 762 par. 1
460 796 par. 1,2
799, 2062
461 796 par. 1
799, 2062
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
*
**
*
*
*
*
*
*
*
*
**
* new article
** new law
796 par. 2
1491, 1492, 1493
1495
1479
760 par. 3
797
798 par. 1
801
802
784 par. 1
817
822
818, 820
819
758
823 par. 1
823 par. 2
1600
1601
1602
1603

TAB] LEB
Artich BS Of
the Draft
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
* new
** new
article
law
Articles of
the Civil Code Others
1604
1605
1606
1607
1608
1609
1610
1611
1612
1615
1617
1618
1619
1620
1621
1622
1623 par. 1
1623 par. 2, 3
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636
1641
1642
1643
1644
1645
1646 par. 1
1646 par. 2, 3
1647
751

752 TABLE B
Articles of Articles of
the Draft the Civil Code Others
533 1648
534 1649
535 1650
536 1651
537 1652
538 1653
539 1654
540 1655
541 1656
542 1657
543 1658
544 1659
545 1660
546 1661 par. 1, 2
547 1661 par. 3, 4
548 1662
549 1663
550 1664
551 1664a par. 1, 2. 3
552 1664b
553 1664c
554 1664d
555 1664e
556 1664fpar. I
557 1664f par. 2, 3. 4
558 1664g
559 1664h
560 1664j
561 1664k
562 16641
563 1664m
564 1664n
565 1664o
566 1664p
567 I664q
568 I664r
569 I664t
570 I664u
571 I664v
* new article
** new law

TABLE B 753
Articles of
the Draft
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607 :
608 :
609
610 '
* new article
** new law
Articles of
the Civil Code Others
1664w
1665
2391
239i
1673

754 TABLE B
Articles of
the Draft
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
* new article
** new law
Articles of
the Civil Code Others
1674
1675
1680
1677
1679
Carnage, Rules" S) ,
V, par. 2
V, par. 2 in fine
I
Carriage, Rules" 8 ',
II
s. 3

TABLE B
Articles of
the Draft
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668 *
669 *
670 *
671 *
672 *
673
674
675
676 **
677
678
679 *
680 *
681 *
682 *
683 *
684 *
685 **
* new article
** new law
Artie les of
the Civil Code
1667
1667
1668
1668
1668
par. 1
par. 2
par. 1, 2
Others
III, 1
III, 2
III, 3 and 4
III, 7
III, 5
111,6, par. 1, 2, 3
III, 6, last paragraph
111,8
IV, 1
IV, 2
IV, 3
IV, 4
IV, 5
IV, 6
V, 1
Carriage, Rules" 8 ',
VI, 1, first par. s. 5
s. 6
VII
VIII
Labour" 9 ', s. 36
t
755

756 TABLE B
Articles of
the Draft
686 *
687
688
689 *
690 *
691 *
692 *
693 *
694
695
696
697
698 *
699 *
700 *
701 *
702 *
703 *•
704 *
705
706 *
707 *
708 *
709 *
710
711
712 *
713 *
714
715
716
717
718
719
720
721
722
723
724
* new article
** new law
Articles of
the Civil Code Others
1688
1689
1687
1691
1692, 1693
1694
1694
1703
1706
1710 par. 1
1710 par. 2
1711
1714
1713
1709 par. 2
1756
1715
1716
1717
1719
- -

TABLE B
Articles of
the Draft
725
726 *
727
728
729
730
731
732 *
733
734
735
736 **
737
738
739 *
740
741
742 *
743
744
745
746
747
748 **
749
750 *
751
752
753
754
755
756
757
758
759
760
761
762
763
* new article
** new law
Articles of
the Civil Code
1718
1720
1722
1724
1725
1727
1728, 1729
1730
1731
1755
1757
1758
1759
1722 par. 1, 1713
1760
1761
1830
1854
1835
1831, 1848
1839 par. 1, 1840
1839 par. 2, 1846
1842
1847
1853
1849, 1850, 1851, 1852
1884
1854, 1855
1867
1854, 1865
1869
1868
Others
757

758 TABLE B
Articles of
the Draft
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
* *
**
* *
**
* *
* new article
** new law
Articles of
the Civil Code Others
1892 par. 1, s.-par. 1, 3, 8
1892 par. 1, s.-par. 5, 6, 7
1833, 1895
1892 s.-par. 6
1897
1900 par. 1
1898
1872, 1873
1875, 1876, 1877, 1878,
1879
1872
1882
1883
1873
1884
1884
1880
1796, 1797 par. 1

TABLE B
Articles of
the Dra ft
802
803
804
805 *
806 *
807
808
809
810 *
811
812
813
814
815 *
816
817
818
819 *
820
821 *
822 *
823
824
825 *
826
827
828 *
829
830
831
832
833
834
835
836 *
837
838
839 **
840
* new
** new
article
law
Articles of
the Civil Code
1795
1802
1803
1814, 1815, 1816
1804 par. 1
1810
1808
1807
1809
1812
1818
1820
1818
1821
1763
1777, 1780, 1782
1776, 1781
1773, 1783
1766 par. 1
1766 par. 2
1771, 1775
1767
1773, 1774
1768
1769
1778
1779
1786
Others
759

760 TABLE B
Articles of
the Draft
841 *
842
843 **
844
845
846 *
847
848
849
850
851 **
852
853 *
854
855
856
857
858
859
860 *
861 *
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
* new article
** new law
Articles of
the Civil Code Others
1929
1933
1932 par. 1
1934
1935
1938, 1940
1963
1941
1943
1948 par. 1
1949 par. 1
1952
1953 s.-par. 1, 2, 3,4
1961 in limine
1953 s.-par. 5
1959
1960
2468
2469
2470
2471
2472 par. 1
2472 par. 2
2472 par. 3
2473
2474
2475
2493
2476
2477
2478
2480

TABL
Article*
EB
$of
the Draft
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
* new
** new
article
law
Articles of
the Civil Code
2481
2482
2482
2483
2484
2485
2486
2487
2488
2489
2491
2500
2501
2502
2503
2504
2505
2506
2507
2508
2509
2510
2511
2512
2513
2514
2515
2516
2517
2518
2519
2520
2521
2522
2523
2524
2525
2526
2527
761
Others

762 TABLE B
Articles of
the Draft
919
920 **
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937 **
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957 *
* new article
** new law
Articles of
the Civil Code Others
2528
2532
2533
2534
2535 par. 1, 2
2535 par. 4
2536
2537
2538
2539
2540 par. 1, 2
2540 par. 3
2541
2542
2543
2544
2545
2546 par. 1
2546 par. 1
2546 par. 2
2546 par. 3
2547
2548
2549
2550 par. 1
2550 par. 2
2553 par. 1
2553 par. 2
2554
2555
2556
2557
2558
2559
2560
2562

TABLE B
Articles of
the Draft
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
* new
** new
article
law
Articles of
the Civil Code
2563
2564
2565
2566
2567
2568
2569
2570
2571
2572
2573
2574
2575
2576
2577
2578
2579
2580
2581
2582
2583
2584
2585 par. 1
2585 par. 2
2586 par. 1.2
2586 par. 3
2588
2589
2590 par. 1
2590 par. 2
2591
2592
2593
2594
2595
2596
2597
2600
2601
- —
Others
763

764
Articles of
the Draft
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
**
* new article
** new law
Articles of
the Civil Code
2602
2603
2604
2605
2610
2613 par. 2, 2634
2635
2608,2618
2611
2607
2610
2615
2616
2616
2658
2659
2617
2611, 2612
Others
TABLE B

TABLE B
Articles of
the Draft
1036 *
1037
1038
1039 *
1040 *
1041 *
1042
1043 *
1044 *
1045 *
1046
1047
1048
1049
1050 *
1051 *
1052 *
1053
1054 *
1055 *
1056 *
1057 *
1058 *
1059 *
1060 *
1061 *
1062 *
1063 *
1064 *
1065 *
1066
1067
1068
1069
1070
1071
1072
1073 *
1074 *
* new article
** new law
Articles of
the Civil Code Others
2611
2611
2620 par. 1
2626
2623
2624
2625, 2627
2625
2629
2629
2629
2629
2630
2645 par. 1
2645
765

766 TABLE B
Articles of
the Draft
1075
1076 *
1077
1078
1079 *
1080
1081
1082
1083 *
1084 *
1085
1086 *
1087 *
1088 *
1089 *
1090 *
1091
1092
1093 *
1094 *
1095 *
1096
1097
1098 *
1099
1100
1101
1102 *
1103 *
1104
1105
1106
1107 *
+ 1108
1109
1110
11 11
1112
II 13 *
* new article
** new law
Articles of
the Civil Code Others
2621, 2622
2621,2622
2621
2639
2640, 2641
2640 par. 2, 2642
2632
2632 par. 1
2632 par. 4
2631 par. 1
2633
2633
2646, 2648
2647 par. 1
2647 par. 2
2671 par. 1
2647 par. 3
2647 par. 4, 2663
2663, 2667, 2668
2664, 2669
2666
. - .. — - —

TABLE B
Articles of
the Draft
1114 *
1115 *
1116
1117
1118
1119
1120
1121 *
1122
1123 *
1124
1125 *
1126
1127 *
1128 *
1129 *
1130
1131 *
1132 *
1133 *
1134 *
1135 *
1136 *
1137 *
1138 *
1139 *
1140
1141 *
1142 *
1143 *
1144 *
1145 *
1146 *
1147 *
1148 *
1149 *
1150 *
1151 *
1152
* new article
** new law
Articles of
the Civil Code
2672 par. 2
2674
2672 par. 2
2673
2675
2652
2653 par. 1
2677 par. 1
2676 par. 2
2660
Others
It

768 TABLE B
Articles of
the Draft
1153 *
1154 *
1 155 *
1 156 *
1157 *
1 158 *
1159 *
1 160 *
1 161 *
1162
1163 *
1 164 +
1165 **
1166
1167 **
1168 *
1169 *
1 170 *
1171 *
1172
1173
1174
1175
1176
1177
1178
1179
1180
1181 **
1182 **
1183 **
1184 **
1185 **
1186 **
1 187
1188
1189
* new article
** new law
Articles of
the Civil Code
2640 par. 1, 2
2641
2640 par. 1, 2
2643
1787, 1901
1788
1787 par. 1, 1901
1911
1907
1792, 1908
1914
1790 s.-par. 1, 2
1915
1902, 1903 par. 1
1905
391, 1903 par. 2
Others

TABLE B
Articles of
the Draft
1190
1 191 *
1192 *
1193
1194
1195 *
1196 **
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208 **
1209 **
1210 **
1211
1212 **
1213 **
1214
1215
1216 **
1217 *
1218
1219
1220
1221
1222
1223
1224
1225 **
1226
1227
1228 **
* new article
** new law
Articl les of
theC ivil Code
391, 1903 par. 2
1910
1912,
1928
1927,
1918
1921
1922
1923
1924
1925
1926
1913
par. 1
1928 par. 2
Others
a. 951 C.C.P.
a. 394, 940 C.C.P.
a. 383, 941 C.C.P.
a. 951 C.C.P.
a. 951 C.C.P.
a. 942 C.C.P.
a. 946 par. 1 C.C.P.
a. 946 par. 2 C.C.P.
a. 943 par. 1,2 C.C.P.
a. 943 par. 3 C.C.P.
a. 945 C.C.P.
a. 948 C.C.P.
769
a. 948 par. 2 C.C.P.
a. 941, 944 par. 2 C.C.P.

770 TABLE B
Articles of
the Draft
1229 **
1230
1231 *
1232 *
1233 *
1234
1235 *
1236
1237
1238
1239
BOOK SIX
1
2
3 *
4 *
5
6
7
8
9 **
10
11 *
12
13
14 *
15
16
17
18
19
20
21
**
* new article
** new law
Articles of
the Civil Code Others
1203
2202
1205
1207 par. 2
1207 par. 4, 5, 6, 9, 10,
11, 12
1208 par. 1
1207 par. 1
1210
1215
1215, 1217, 1218, 1219
a. 473 par. 2 C.C.P.
a. 388 par. 2 C.C.P.
a. 950 par. 2 C.C.P.
a. 388 par. 2 C.C.P.
a. 950 par. 2 C.C.P.
a. 483 s.-par. 7, 520
C.C.P.
a. 393 C.C.P.
a. 950 par. 1 C.C.P.

TABLE B
Articles of
the Draft
22
23
24 **
75 **
26
27
28 *
29 *
30 *
31 *
32
33
34 par
par
35 *
36
37
38 *
39 *
40 *
41
42 **
43 **
44 **
45 **
46 **
47 **
48 **
49 **
50 *
51 *
52
53 **
54
55
56
57 *
58 *
59 *
* new
** new
. 1
7 * *
article
law
Articles of
the Civil Code
1216
1211
1220 s.-par. 5
1220 s.-par. 7
1223
1222
1225
1227 par. 1
1228
1205
1239
1240
1241
1242
Others
771

772 TABLE B
Articles of
the Draft
60
61 par.
62
63
par.
64 par.
par.
65 **
66 **
67 **
68 *
69 **
70 *
71
72 **
73 *
I
2
*
**
1, 2
3 **
BOOK SEVEN
1
2
3
4
5
6 **
7
8
9
10
11
12
13
14
15
16
17 *
18 *
19
20
21 par. 1
par. 2, 3 + *
* new article
** new law
Articles of
the Civil Code Others
1243 in limine
1243
1244
1245
1204
2183 par. 1
2188,2267
2240
2246
2184
2185
2186
2187
2232
2232
2232 par. 2
2237 par. 1
2239
2222
2223
2224 par. 1
2224 par. 4
2226, 2265

TABLE B
Articles of
the Draft
22
23
24
25
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
* *
**
**
50 *
51 par. I *
par. 2 **
52
53 par. 1
par. 2 **
54
* new article
** new law
Articles of
the Civil Code Others
2224
2228
2227
2230
1,2
2230
2231
2230
2231
2264
2265
2183
2201
par. 2
par. 1, 2, 2231 par
par.
par.
par.
par.
3
3
3
4
par. 2
par. 1
in limine
in limine
in part
in limine
2193
2200
2203 par. 1, 2204
2205, 2208
2206
2203 par. 5
2207
2240
2251
2253
2254
2257
2268
2183 par. 3
2266
2258
2203 par. 3
773

774 TABLE B
Articles of Articles of
the Draft the Civil Code Others
BOOK EIGHT
1 2082
2 2085
3 *
4 2086
5 **
6 2098 par. 1, 3, 4, 5
7
*
16
17 **
* *
* *
**
**
* new article
** new law
2108, 2109, 2110, 2116a,
2116b, 2120a, 2121
8 2084 s.-par. 1
9 *
10 2101 par. 1
11 2108,2109
12 2116a,2116b
13 2126
14 **
15 2129a
18 2111,2112
19 **
20
21
22
23
24 1061
25 **
26 2125b
27 Notarial' 2 "', s. 41
28 **
29 *
30 2087,2129b
31 2092
32 **
33 2131 par. 1, 2
34 661, 2116,2120a, 2121,
2125
2125a, 2129a

TABLE B
Articles of
the Draft
35
36 **
37
38 par. 1
par. 2
par. 3
39
40
41
42
43
44 **
45 **
46
47
48
49
50 par. 1, 2 **
par. 3
51 * *
52 **
53 **
54
55
56 **
^7 **
58 **
59
60 **
61
62
63
64
65
66
67
68
69 **
* new article
** new law
Articles of
the Civil Code
2131 par. 2
2136,2139 par. 2. 3
2137 par. 1
2136 par. 3, 2139 par. 1
2 139 par. 4 in fine
2138
2138a
2133
2133 par. 2
2140
2098 par. 4, 5, 6
2110
2098 par. 5
2135
2132 par. 1, 2134 par. 1
2098 par. 7
2145
2134 par. 1
2127 par. 5
2131 par. 3
2131 par. 3
2131 par. 4
2081a par. 4
2168 par. 1
2168 par. 3
2042
2168 par. 4
Others
775

776
Articles of
the Draft
70
71
72 par.
par.
73
74
75
76 **
77 * *
78 **
79
80 **
81
82
83
84
85
86
87
88 *
89
90
91 **
92 **
93 **
94
95 **
96 **
97
98
99
100 *
101
102
103 *
104 **
105
106
107
* new
** new
1
2
article
law
Articles of
the Civil Code
2175 par. 1
2175 par. 3
2175 par. 4
2175 par. 2
2172
2 174 par. 3
2093
2095
2091
2122, 2124
2123
2125, 2125a
2083
2130 par. 3, 5
2148 par. 1
2148 par. 2
2149
2 150
2151 par. 4, 5
2152,2152a
2153
2154
Others
Cadastre' 2 ", s. 15
s. 15
a. 805 C.C.P.
TABLE B
s. 17

TABLE B
Articles of
the Draft
108 **
109
110
111
112
113
114
115
116
BOOK NINE
1 **
~) **
3 par. 1 *
par. 2
4 *
5 *
6 par. 1
par. 2 *
7
o **
9 *
10 **
11 par. 1 *
par. 2 **
par. 3 **
12 *
13 **
14 **
15 **
16 *
17
18 par. 1
par. 2 **
19 *
20
* new article
** new law
Articles of
the Civil Code
2155,2156
2157
2157a
2161d
2161g
2161h
2161i
2161k
6 par. 2
6 par. 2
6 par. 4
6 par. 4
348a
7, 135, 776 par. 3
1208 par. 5, 1220, 2141
to 2 144
Others
Cities' 22 ', s. 551
par. 2, 4
a. 57 C.C.P.
s. 561, 568
777

778 TABLE B
Articles of
the Draft
21
22 par.
par.
23 **
24 **
25
26 par.
par.
par.
27 *
28
29
30 *
31 *
32 *
33
34 **
35 **
36 **
37 **
38 **
")Q **
40 **
41 **
42 **
43
44
45 *
46
47
48
49
50
51
52 *
53
54
* new
** new
1
2, 3, 4
1
2 *
3 *
article
law
Articles of
the Civil Code Others
8
8
2498
8
6 par. 1, 2
6 par. 2
6 par. 1
2189, 2190,
6 par. 2
694
2191
Consumer" 6 ', s. 8
a. 68 C.C.P.
a. 63 s.-par. 3, 69, 73,
a. 69 in fine C.C.P.
a. 73 C.C.P.
a. 74 C.C.P.
a. 70 C.C.P.
Divorce" 3 ', s. 5
a. 70 C.C.P.

TABLE B 779
Articles of
the Draft
55
56
57 *
58
59 *
60
61
62 **
63
64
65 *
66 *
67 *
68 *
69 par. 1
par. 2, 3 **
70 **
71 *
72 **
73
74 *
75 *
76 **
77 *
78 *
79 *
80 *
81 *
82 *
83 **
84 *
85 *
86 *
87 *
88 *
89 **
90 **
91 *
92 *
* new article
** new law
Articles of
the Civil Code
1220
Others
Divorce" 11 , s. 10, 1 1
a. 68 C.C.P.
Adoption' 2 ', s. 18
a. 178 to 180 C.C.P.
a. 178 to 180 C.C.P.
a. 178, 179 C.C.P.
a. 178 to 180 C.C.P.
Currency' 23 ', s. 11

780 TABLE B
Articles of Articles of
the Draft the Civil Code Others
93 *
94 *
95 *
96 *
97 *
98 *
99 *
100 *
I) Charter of human rights and freedoms, S.Q. 1975, c. 6.
; 2) Adoption Act, S.Q. 1969, c. 64.
3) Change of Name Act,S.Q. 1965, c. 77.
;4) Public Health Protection Act, S.Q. 1972, c. 42, am. by L.Q. 1975, c. 63.
5) Public Curatorship Act, S.Q. 1971, c. 8 1.
;6) Mental Patients Protection Act,S.Q. 1972, c. 44.
7) Regulation respecting public curatorship, O.C. 1941 May 31. 1972.
O.G. June 10, 1972, p. 4939.
8) Companies and Partnerships Declaration Act, R.S.Q. 1964,c. 272.
9) Companies Act, R.S.Q. 1964, c. 271.
10) Canada Business Corporations Act, S.C. 1974-75, c. 33.
II) Winding-up Act, R.S.Q. 1964, c. 281.
12) Regulation respecting the solemnization of civil marriage, O.C. 501
February 26, 1969, O.G. March 8, 1969, p. 1520.
13) Divorce Act. R.S.C. 1970, D-8.
14) Youth Protection Act, R.S.Q. 1964, c. 220.
15) Special Corporate Powers Act. R.S.Q. 1964, c. 275.
16) Consumer Protection Act, S.Q. 1971, c. 74.
17) Deposit Act, R.S.Q. 1964, c. 64.
18) Carriage of goods by water Act, R.S.C. 1970, c.C-15.
19) Labour Code, R.S.Q. 1964, c. 141.
20) Notarial Act,S.Q. 1968,c. 70.
* new article
** new law

(21) Cadastre Act, R.S.Q. 1964, c. 320.
(22) Cities and (owns Act, R.S.Q. 1964, c. 193.
(23) Currency and exchange Act, R.S.C. 1970,c.C-39.
781

Printing completed
June 9,1978 at
Imprimerie Laflamme
Ltee,in Quebec.